CIFT  OF 


NEW  JERSEY 


SCHOOL   LAWS 


AND 


Rules  and  Regulations 
Prescribed  by  the  State  Board  of  Education 


WITH 


Notes,  Blanks  and  Forms 


FOR  THE 


USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS. 


191  I 


PREPARED    BY    THE 
COMMISSIONER   OF  EDUCATION 


TRENTON,  N.  J. 
MacCrellish  &  Quigley,  State  Printers,  Opposite  Post  Office. 

IflZ. 


|_  6  2,521 


CONTENTS. 


PAGE. 

Agricultural   College,    •  • 159 

Agriculture,  Summer  Schools  for,  149 

Blanks  and  Forms  for  School  Officers,  199 

Boards  of  Examiners,  Article  IV, 20 

City  School  Districts,  Article  VI,  24 

Children's  Guardians,  State  Board  of, 166 

Commissioner  of  Education,  Article  II, 10 

Compulsory  Education,  Article  XV,  84 

County  Superintendents,  Article  III, 17 

Crimes  Act,  Extracts  from 164 

Custodian  of  School  Moneys,  Article  XVIII, 102 

Detention  Schools,  152 

Disorderly  Persons,  Extracts  from  Law,   •  • 163 

Evening  Schools,  Article  XIII,  82 

Free  Lectures, 163 

Industrial   Schools, 145 

Kindergartens,   Article  XII,    81 

Manual  Training,  Article  XXII,  no 

Summer  Schools  for, 149 

Manual  Training  and  Industrial  School  for  Colored  Youth,  Article  XXI,  109 

Miscellaneous,  Article  XXVII,   130 

Miscellaneous  Laws,  145 

New  Jersey  School  for  the  Deaf,  Article  XX, 107 

Pupils,  Article  IX, 66 

Railroad  Tax  for  Schools,  141 

Rules  and  Regulations  Prescribed  by  the  State  Board  of  Education, 173 

Salaries  of  Teachers  and  Principals,  Article  XXVI,  124 

School  Districts,  Article  V,  21 

School  Fund,  Article  XVI,  90 

School-Houses,  Facilities  and  Accommodations,  Article  X, 71,  157,  158 

School  Libraries,  Article  XXIII, 112 

State  Board  of  Education,  Article  I,  7 

State  Normal  School,  Article  XIX,  105 

State  Prison  School,  150 

State  School  Tax,  Article  XVII,  94 

Summer  Schools,   149 

Teachers,  Article  VIII,  61 

Teachers'  Libraries,  Article  XXIV,  113 

Teachers'  Pensions,    66 

Teachers'  Retirement  Fund,  Article  XXV,    113 

Text-Books  and  Supplies,  Article  XIV, 84 

Township,  Incorporated  Town  and  Borough  School  Districts,  Article  VII,     39 
Union-Graded  Schools,  Article  XI,  74 


254101 


EXTRACTS 

From  the  State  Constitution  Respecting  Public  Schools* 

SECTION  VII. 

6.  The  fund  for  the  support  of  free  schools,  and  all  money, 
stock  and  other  property  which  may  hereafter  be  appropriated 
for  that  purpose,  or  received  into  the  treasury  under  the  provision 
of  any  law  heretofore  passed  to  augment  the  said  fund,  shall  be 
securely  invested  and  remain  a  perpetual  fund;  and  the  income 
thereof,  except  so  much  as  it  may  be  judged  expedient  to  apply 
to  an  increase  of  the  capital,  shall  be  annually  appropriated  to 
the  support  of  public  free  schools,  for  the  equal  benefit  of  all 
the  people  of  the  state;  and  it  shall  not  be  competent  for  the 
legislature  to  borrow,  appropriate  or  use  the  said  fund,  or  any 
part  thereof,  for  any  other  purpose,  under  any  pretence  what- 
ever; the  legislature  shall  provide  for  the  maintenance  and  sup- 
port of  a  thorough  and  efficient  system  of  free  public  schools  for 
the  instruction  of  all  the  children  in  this  state  between  the  ages 
of  five  and  eighteen  years. 

ii.  The  legislature  shall  not  pass  private,  local  or  special  laws 
providing  for  the  management  and  support  of  free  public  schools. 


(5) 


SCHOOL  LAW. 


AN  ACT  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  mainte- 
nance, support  and  management  thereof.  Approved 
October  nineteenth,  one  thousand  nine  hundred  and 
three. 

BE  IT  ENACTED  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey: 

ARTICLE  I. 

STATE  BOARD  OF  EDUCATION. 

1.  (2.)  The  general  supervision  and  control  of  public 
instruction  shall  be  vested  in  a  State  Board  of  Educa-  oJ?.  23"' 
tion,  which  shall  consist  of  eight  members,  not  more 
than  four  of  whom  shall  be  members  of  the  same 
political  party,  and  not  more  than  one  of  whom  shall 
be  residents  of  any  one  county.  Said  members  shall  be  Quaiificatons 

for   members. 

male  citizens  who  have  resided  within  the  State  for  not 
less  than  five  years  immediately  preceding  the  date  of 
their  appointment.     They  shall  be  appointed   by  the  Appointment. 
Governor  by  and  with  the  advice  and  consent  of  the 
Senate,  for  the  following  terms,  to  commence  on  the 
first  day  of  July,  nineteen  hundred  and  eleven :  one  for  Term, 
one  year,  one  for  two  years,  one  for  three  years,  one  for 
four  years,  one  for  five  years,  one  for  six  years,  one  for 
seven  years  and  one  for  eight  years.     Annually  there- 
after one  member  shall  be  appointed  by  the  Governor 
for  a  term  of  eight  years.    Vacancies  shall  be  filled  for  vacancy, 
the  unexpired  term.    A  suitable  room  in  the  State  House   office. 
at  Trenton  shall  be  provided  for  the  use  of  the  board. 

(7) 


8 


SCHOOL  LAW. 


Meetings. 


Control  of 
certain  State 
schools. 
P.  L.   1903. 
Special 
session. 


Powers 
enumerated. 
Make  rules 
for  carrying 
school  laws 
into  effect. 
Ibid. 


Appoint 
county  super- 
intendents. 

Rules  for 
institutes. 


Decide 
appeals. 


Rules  for 

•examinations. 


Inspector  of 
"buildings. 
P.  L.   1911, 
Chap.  231. 


Inspector  of 
accounts. 


Said  board  shall  meet  in  the  State  House  in  Trenton 
at  such  times  as  their  rules  may  prescribe  in  each  and 
every  month,  and  at  such  other  times  and  places  within 
the  State  as  in  its  judgment  may  be  necessary.  Its  meet- 
ings, as  well  as  those  of  every  board  of  education  in 
the  State,  shall  be  public  and  shall  commence  not  later 
than  eight  P.  iM. 

2.  (2.)   The  State  Board  of  Education  shall  have  the 
control  and  management  of  the  State  Normal  Schools, 
the  New  Jersey  School  for  the  Deaf,  the  Farnum  Pre- 
paratory School,  and  the  Manual  Training  and  Indus- 
trial School  for  Colored  Youth. 

3.  (3).  The  State  Board  of  Education  shall  have 
power : 

I.  To  frame  and  modify  by-laws  for  its  own  govern- 
ment; to  elect  its  president  and  other  officers,  and  to 
prescribe  and  enforce  rules  and  regulations  necessary  to 
carry  into  effect  the  school  laws  of  this  State. 

II.  To  appoint  County  Superintendents  of  Schools, 
and  for  cause  to  remove  them. 

III.  To  prescribe  rules  and  regulations  for  holding 
teachers'  institutes. 

IV.  To  decide  appeals  from  the  decisions  of  the  Com- 
missioner of  Education. 

V.  To  make  and  enforce  rules  and  regulations  for  the 
examination  of  teachers,  and  the  granting  of  certificates 
or  licenses  to  teach. 

VI.  Appoint  an  Inspector  of  Buildings  at  a  salary 
not  to  exceed  two  thousand  dollars  per  annum,  who 
shall  devote  his  time  during  the  entire  twelve  months 
in  the  year  to  visiting  the  schools  in  the  State  and  to 
making  a  thorough  report  with  regard  to  each. 

VII.  Appoint  an  Inspector  of  Accounts  at  a  salary 
not  to  exceed  two  thousand  dollars  per  annum,  who 
shall  devote  his  time  during  the  entire  twelve  months  in 
the  year  to  the  examination  of  the  accounts  of  the  sev- 
eral school  districts. 


SCHOOL  LAW.  9 

VIII.  Prescribe   a   uniform  and   simple   system  of 
bookkeeping  for  use  in  all  school  districts,  and  compel 
all  school  districts  to  use  the  same. 

IX.  Appoint,  upon  application,  a  Supervising  Prin- 

cipal  over  the  schools  in  two  or  more  districts  when-  PrinciPals- 
ever  in  its  opinion  it  is  advisable  so  to  do,  and  apportion 
the  expense  equitably  among  the  districts. 

X.  Withhold  or  withdraw  its  approval  of  any  second- 
ary  school  whenever  in  its  opinion  its  academic  work, 
location  or  enrollment  and  per  capita  cost  of  mainte- 
nance shall  not  warrant  its  establishment  or  continuance. 

XL  Fix  rates  to  be  paid  by  a  district  for  the  tuition  fj^™'65  of 
of  children  sent  from  it  to  the  schools  of  other  districts, 
when  the  districts  cannot  agree  among  themselves  as  to 
the  proper  rate,  and  require  any  district  having  the 
necessary  accommodations  to  receive  pupils  from  other 
districts  at  rates  agreed  upon  or  which  it  may  fix  in  the 
event  of  disagreement. 

XII.  Compel  the  production  at  such  time  and  place  ft°™^nce 
within  the  State  as  it  may  designate  of  any  and  all  of  witnesses. 
books,   papers  and  vouchers   in   any  way   relating  to 

schools  or  to  the  receipt  or  disbursement  of  school 
moneys;  compel  the  attendance  before  it  or  before  any 
of  its  committees  or  before  the  Commissioner  of  Edu- 
cation or  one  of  his  assistants  or  before  the  Inspector 
of  Accounts  or  the  Inspector  of  Buildings  at  such  time 
and  place  as  it  may  designate  of  any  member  of  a  board 
of  education,  or  of  any  person  in  the  employ  of  a  board 
of  education,  and  suspend  from  office  any  person  re-  penalty. 
fusing  to  attend  or  to  submit  such  books,  papers  and 
vouchers  as  he  may  have  been  directed  to  produce. 

XIII.  Issue   subpoenas   signed   by  its  president  and  issue 

*  subpoenas. 

secretary  compelling  the  attendance  of  witnesses  and 
the  production  of  books  and  papers  in  any  part  of  the 
State  before  it  or  before  any  of  its  committees  or  before 
the  Commissioner  of  Education  or  one  of  his  assistants 
cr  before  the  Inspector  of  Accounts  or  the  Inspector  of 
Buildings. 


10 


SCHOOL  LAW. 


Compensa- 
tion. 

P.    L.    1903. 
Special 
session. 


Annual 
report. 
Ibid. 


4.  (4.)   The  members  of  the  State  Board  of  Educa- 
tion shall  receive  no  compensation  for  their  services,  but 
the   State   Treasurer   shall,   upon  the  warrant   of   the 
State  Comptroller,  pay  their  necessary  expenses. 

5.  (5.)   The  State  Board  of  Education  shall  report 
annually  to  the  Legislature  in  regard  to  all  matters  com- 
mitted to  its  care. 


ARTICLE  II. 


COMMISSIONER    OF    EDUCATION. 


Appointment. 
P.  Iv.  ign, 
Chap.  231. 

Term. 


Salary. 


Powers  of. 
Ibid. 


Secretary  of 
State  Board  of 
Education. 


Assistant 
commis- 
sioners. 


Supervisor  of 

secondary 

education. 


6.  (4.)   A  Commissioner  of  Education  shall  be  ap- 
pointed by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  for  a  term  of  five  years,  com- 
mencing July   first,   one   thousand   nine   hundred   and 
eleven,  and  until  his  successor  shall  be  appointed,  at  an 
annual  salary  of  ten  thousand  dollars  per  annum,  pay- 
able in  equal  monthly  installments.     Such  commissioner 
shall  be  selected  without  regard  to  whether  his  place 
of  residence  is  within  or  without  the  State  of  New 
Jersey. 

7.  (5.)   The  Commissioner  of  Education  shall,  with 
the  advice  and  consent  of  the  State  Board  of  Education : 

I.  Designate  one  of  the  clerks  in  the  Department  of 
Public  Instruction  to  act  as  secretary  of  the  State  Board 
of  Education  and  to  perform  such  services  as  it  may 
require. 

II.  Appoint  four  assistant  commissioners  of  educa- 
tion, each  at  an  annual  salary  of  four  thousand  five 
hundred  dollars,  and  designate  one  of  them  to  act  in 
his  place  during  his  absence. 

III.  Designate  one  of  such  assistants  to  act  as  Super- 
visor of  Secondary  Education  and  define  his  duties, 
cause  him  to  devote  his  entire  time  during  school  hours 
to  personal  inspection  and  to  conduct  tests  of  at  least 
one-half  hour  each  in  at  least  three  classes  on  each  visit 
to  a  high  school  or  to  a  high  school  department. 


SCHOOL  LAW.  ii 

IV.   Designate  one  of  such  assistants  to  act  as  Super- 


of  Elementary  Education  and  define  his  duties,  ana  education- 
cause  him  to  devote  his  entire  time  during  school  hours 
to  personal  inspection. 

V.  Designate  one  of  such  assistants  to  act  as  Super-  Supervisor  of 

industrial 

visor  of  Industrial  Education,  including  agriculture,  and  education. 
define  his  duties,  including  agriculture,  and  to  cause  him 
to  devote  his  entire  time  during  school  hours  to  personal 
inspection. 

VI.  Designate  one  of  such  assistants  to  hear  all  con-  Designate 

.  .  .  assistant 

troversies  and  disputes  which  may  arise  under  the  school  to  he*r    . 

controversies. 

laws  or  the  rules  and  regulations  of  the  State  Board  of 
Education  or  of  the  Commissioner  of  Education,  sub- 
ject, however,  to  a  right  of  appeal  to  the  State  Board 
of  Education. 

VII.  Prescribe   minimum    examinations   throughout  Prescribe 

examinations. 

the  State  for  graduation  from  grammar  schools  and  for 
admission  to  high  schools  and  high  school  departments  ; 
confine  such  examinations  to  arithmetic,  writing,  spell- 
ing, English  grammar  and  composition,  history  and 
geography,  prepare  or  cause  to  be  prepared  questions  for 
the  examinations;  prescribe  the  times  and  places  for 
holding  them  and  the  rules  governing  them;  designate 
the  persons  to  conduct  them,  and  if  admissible,  direct 
superintendents,  principals  and  teachers  of  one  district 
to  conduct  them  in  any  other.  Such  examinations  shall 
be  open  to  all  children  of  the  State  whether  they  attend 
public  or  private  schools. 

VIII.  Prescribe  a  minimum  course  of  study  for  the  Prescribe 
elementary  schools  and  for  the  high  schools  or  for  either,   elementary 

.......  schools. 

if  in  his  opinion  it  is  advisable  so  to  do. 

IX.  Prescribe  such  method  as  to  him  may  seem  best 
for  use  in  ascertaining  what  children  are  three  years  or 
more  below  the  normal. 

X.  Hold  meetings  of  city  and  county  superintendents  Meetings  of 

.  county    and 

at  least  once  in  each  year  for  the  discussion  of  school   9itv  suPer- 

.  mtendents. 

affairs  and  ways  and  means  of  promoting  a  thorough 
and  efficient  system  of  education. 


12 


SCHOOL  LAW. 


Withhold 

school 

moneys. 


Report. 


Trustee    of 
school   fund. 
Ibid. 

Administer 

oaths. 

Ibid. 


Definition  of 
Commissioner 
of  Education. 
Ibid. 


Appeals  to 
State  Board. 
Ibid. 


Office. 

P.  L.  1903, 

special 

session. 


XL  Direct  the  County  Collector  to  withhold  funds 
received  by  him,  from  the  State  from  any  district  that 
refuses  or  neglects  to  obey  the  law  or  the  rules  or  direc- 
tions of  the  State  Board  of  Education  or  the  Commis- 
sioner of  Education. 

XII.  Report  to  the  State  Board  of  Education  once  a 
month  and  at  such  other  times  as  it  may  designate  such 
information  as  it  may  prescribe. 

8.  (6.)   The  Commissioner  of  Education  shall  be  one 
of  the  Trustees  of  the  School  Fund. 

9.  (7.)   The  State  Board  of  Education,  by  its  presid- 
ing officer,  each  of  its  committees,  by  their  chairmen,  the 
Commissioner  of  Education  and  each  of  his  assistants 
shall  have  authority  to  administer  oaths  and  to  examine 
under  oath,  in  any  part  of  the  State,  witnesses  in  regard 
to  any  matter  pertaining  to  the  schools  and  to  cause  the 
examination  to  be  reduced  to  writing.    Any  person,  who, 
having  been  sworn  or  affirmed  by  the  presiding  officer 
of  the  State  board,  or  by  the  chairman  of  any  of  its 
committees,  or  by  the  commissioner,  or  by  any  one  of 
his  assistants    to  tell  the  truth,  and  who  willfully  gives 
false  testimony  shall  be  guilty  of  perjury. 

10.  (8.)   Whenever  in  the  act  to  which  this  is  a  sup- 
plement, or  in  any  act  amendatory  thereof  or  supple- 
mental thereto,  or  in  any  other  act  of  the  Legislature  the 
words  "State  Superintendent  of  Public  Instruction"  are 
used  the  same  shall  be  taken  to  be  and  to  mean  "Com- 
missioner of  Education." 

11.  (9.)   All  appeals  to  the  State  Board  of  Education 
shall  be  taken  within  thirty  days  after  the  Commissioner 
of  Education  has  filed  his  decision,  and  in  such  manner 
as  the  said  board  may  prescribe. 

12.  (6.)  A  suitable  office,  to  be  known  as  the  Depart- 
ment of  Public  Instruction,  shall  be  provided  for  him  in 
the  State  House  at  Trenton.     The  necessary  expenses 
incurred  in  the  Department  of  Public  Instruction  shall 
be  paid  in  the  manner  provided  by  law. 


SCHOOL  LAW.  13 


13.  (8.)   The  Commissioner  of  Education  may  em- 
ploy  such  clerks  as  he  may  deem  necessary  and  fix  their    ibid, 
compensation,    which    compensation    shall  be    payable 
monthly  on  the  certificate  of  the  Commissioner  of  Edu- 
cation; provided,  that  the  compensation  of  said  clerks   Proviso. 
shall  not  exceed  in  the  aggregate  the  sum  annually 
appropriated  therefor  by  the  Legislature. 

14.  (9.)   The  Commissioner  of  Education  shall  be  the 
Secretary  of  the  State  Board  of  Education,  and  a  mem-  and  member* 

J  •  '    TT          1_~    11     of  boards  of 

ber,  ex-officio,  of  all  boards  of  examiners.     He  shall   examiners. 

enforce  all  rules  and  regulations  prescribed  by  the  State 

Board  of  Education.     He  shall  have  supervision  of  all  supervision 

.     ,  of  schools. 

the  schools  of  the  state  receiving  any  part  of  the  state 
appropriation.  He  shall,  from  time  to  time,  instruct 
County  and  City  Superintendents  as  to  their  duties  and 
as  to  the  best  manner  of  conducting  schools,  construct- 
ing schoolhouses  and  furnishing  the  same. 

15.  (10.)   The  Commissioner  of  Education  shall  de- 
cide,  subject  to  appeal  to  the  State  Board  of  Education 
and  without  cost  to  the  parties,  all  controversies  and  dis- 
putes that  shall  arise  under  the  school  laws,  or  under  the 
rules  and  regulations  of  the  State  Board  of  Education. 
The  facts  involved  in  any  controversy  or  dispute  shall,  if 
he  shall  so  require,  be  made  known  to  him  by  written 
statements  by  the  parties  thereto,  verified  by  oath  or 
affirmation,  and  accompanied  by  certified  copies  of  all 
documents  necessary  to  a  full  understanding  of  the 
question  in  dispute,  and  his  decision  shall  be  binding 
until,  upon  appeal,   a  decision  thereon  shall  be  given 
by  the  State  Board  of  Education,  (a) 

(a)  i.  The  State  Superintendent  having  been  given  authority  to  hear  and 
determine  certain  matters,  his  determination  thereupon  has  the  conclusive 
quality  of  a  judgment  pronounced  in  a  legally  created  court  of  limited  juris- 
diction acting  within  the  bounds  of  its  authority.  Thompson  v.  Board  of 
Education,  28  Vr.  628. 

2.  There  is  no  distinction  in  point  of  conclusiveness  between  the  decisions 
of  special  tribunals  and  the  judgments  of  courts  of  record.     The  difference 
is  solely  in  the  presumption  of  jurisdiction.      Ibid. 

3.  The  court  may,  in  the  exercise  of  its  discretion,  refuse  to  interpose  by 
mandamus  in  a  controversy  cognizable  by  the  special  tribunals  created  by  the 
school  laws  of  this   State,  where  an   appeal   to   such   tribunals   has   not  been 


SCHOOL  LAW. 


Keep  record 
of  decisions. 
Ibid. 


Seal. 


Appoint 
county  super- 
intendent to 
fill   vacancy. 
Ibid. 


Withhold 
salary  from 
county  super- 
intendent. 
Ibid. 


State  school 
moneys  with- 
held for  non- 
performance 
of  duty. 
Ibid. 


16.  ( 1 1 . )   The  Commissioner  of  Education  shall  keep 
a  record  of  all  his  official  acts  and  shall  preserve  copies 
of  all  decisions  made  by  him,  and  shall  adopt  and  provide 
an  official  seal.    Copies  of  all  acts,  orders  and  decisions 
made  by  him,  and  of  all  papers  deposited  or  filed  in  the 
Department  of  Public  Instruction  may  be  authenticated 
under  said  seal,  and,  when  so  authenticated,  shall  be 
evidence  equally  with  and  in  like  manner  as  the  originals. 

17.  (12.)   Whenever  there  shall  be  a  vacancy  in  the 
office  of  County  Superintendent  of  Schools,  the  Com- 
missioner of  Education  shall  appoint,  subject  to  the  ap- 
proval of  the  President  of  the  State  Board  of  Education, 
a  suitable  person  to  fill  such  vacancy,  and  the  person  so 
appointed  shall  hold  office  until  his  successor  shall  be 
appointed  by  the  State  Board  of  Education. 

18.  (13.)  In  case  a  County  Superintendent  of. Schools 
shall  neglect  or  refuse  to  perform  any  duty  imposed 
upon  him  by  this  act  or  by  the  rules  and  regulations  ot 
the  State  Board  of  Education,  the  Commissioner  of 
Education  shall,  subject  to  appeal  to  the  State  Board  of 
Education,  withhold  from  such  County  Superintendent 
of  Schools  the  order  for  his  salary  until  he  shall  have 
fully  complied  with  the  provisions  of  this  act  and  with 
the  rules  and  regulations  of  the  State  Board  of  Educa- 
tion relating  to  his  duties. 

19.  (14.)   In  case  a  board  of  education,  or  any  officer 
thereof,  or  the  legal  voters  of  any  school  district,  or  any 
board  or  officer  of  the  municipality  in  which  any  such 
school  district  shall  be  situate  shall  neglect  or  refuse  to 

made.     Jefferson  v.  Board  of  Education,  35  Vr.  59.     See  Buren  v.  Albertson, 
25  Vr.  72;    Stockton  v.  Board  of  Education,  43  Vr.  80. 

4.  Special  tribunals  created  by  the  statute  have  exclusive  jurisdiction  over 
all  controversies  arising  under  such  statute,  and  an  action  at  law  cannot  be 
maintained  by  a  public  school  teacher  for  the  purpose  of  contesting  the 
legality  of  the  action  of  a  local  school  board  in  dismissing  him  before  the 
term  of  service  provided  in  his  contract  of  employment  has  expired.  Draper 
v.  Commissioners  of  Public  Instruction,  37  Vr.  54.  The  State  Superintend- 
ent of  Public  Instruction  is  authorized  by  law  to  decide  disputes  and  con- 
troversies as  to  the  election  of  members  of  the  Board  of  Education  of  certain 
municipalities.  Du  Four  v.  State  Superintendent,  43  Vr.  371.  Certiorari  is 
not  the  appropriate  proceeding  to  determine  the  title  to  an  office.  Ibid.  See 
foot-notes  to  sections  82,  118  and  140. 


SCHOOL  LAW. 

perform  any  duty  imposed  upon  such  board,  officer  or 
legal  voters  by  this  act  or  by  the  rules  and  regulations  of 
the  State  Board  of  Education,  the  custodian  of  the 
school  moneys  of  such  school  district  shall,  upon  notice 
from  the  County  Superintendent  of  Schools,  approved 
by  the  Commissioner  of  Education,  withhold  all  moneys 
received  by  him  from  the  County  Collector  and  then 
remaining  in  his  hands  to  the  credit  of  such  district,  until 
he  shall  receive  notice  from  said  County  Superintendent 
of  Schools  that  said  board,  officer  or  legal  voters  have 
fully  complied  with  the  provisions  of  this  act  and  with 
the  rules  and  regulations  of  the  State  Board  of  Edu- 
cation. 

20.  (15.)   In  case  a  teacher  shall  neglect  or  refuse  to 
perform  any  duty  imposed  upon  him  or  her  by  this  act 
or  by  the  rules  and  regulations  of  the  State  Board  of 
Education,  the  Commissioner  of  Education  shall  direct 
the  custodian  of  the  school  moneys  of  the  school  district 
in  which  such  teacher  shall  be  employed,  to  withhold 
from  such  teacher  all  salary  due  to  him  or  her  until  he 
receives  notice  from  said  Commissioner  of  Education 
that  such  teacher  has  fully  complied  with  the  provisions 
of  this  act  and  the  rules  and  regulations  of  the  State 
Board  of  Education  relating  to  his  or  her  duties. 

21.  (16.)   The    Commissioner    of    Education,    shall 
equitably  apportion  to  the  several  counties  the  amount  moneys, 
appropriated  for  the  support  of  public  schools  from  the  Ibi(L 
State  School  Fund  on  the  basis  of  the  aggregate  num- 
ber of  days  attendance  of  all  pupils  attending  the  public 
schools  during  the  year  preceding  that  for  which  said 
apportionment  shall  be  made,  and  shall  furnish  to  the 
State  Comptroller  and  to  the  several  County  Superin- 
tendents of  Schools  and  County  Collectors  an  abstract 

of  such  apportionment,  and  of  the  apportionment  of  the 
moneys  due  to  the  several  counties  from  the  State  school 
tax  and  from  the  reserve  fund,  and  shall  draw  his 
orders  on  the  State  Comptroller  and  in  favor  of  the 


i6 


SCHOOL  LAW. 


Reports  of 
private 
schools. 
Ibid. 


Proviso. 


Proviso. 


Furnish 
blanks  to 
school 
officers. 
Ibid. 


Annual 
report. 
Ibid. 


Oaths  and 

affidavits. 

Ibid. 


County  Collector  of  each  county   for  the  amount  to 
which  such  county  shall  be  entitled. 

22.  (17.)   The   superintendent  or  manager  of  each 
educational  institution  receiving  support  or  aid  from  the 
State,  and  the  president,  manager  or  principal  of  each 
seminary,  academy  or  private  school  shall  report  to  the 
Commissioner  of  Education  annually,      on  or  before 
the  first  day  of  August,  such  statistics  relating  to  such 
institution,  seminary,  academy  or  school  as  said  Com- 
missioner of  Education  may  require,  and  in  the  manner 
and  form  prescribed  by  him;  provided,  that  no  report 
concerning  the  expenses  or  finances  of  such  seminary, 
academy  or  private  school  shall  be  required;  and  pro- 
vided further,  that  no  report  of  any  seminary,  academy 
or  private  school  shall  be  published  or  made  public  by 
the  Commissioner  of  Education. 

23.  (18.)   The  Commissioner  of  Education  shall  pre- 
pare and  cause  to  be  printed  forms  for  making  all  re- 
ports and  conducting  all  proceedings  under  the  school 
laws  of  this  State.     He  shall  cause  all  school  laws  to 
be  printed  in  pamphlet  form,  and  shall  annex  thereto 
forms  for  making  reports  and  conducting  school  busi- 
ness, and  shall  distribute  the  same. 

24.  (19.)   The  Commissioner  of  Education  shall  pre- 
sent to  the  State  Board  of  Education  annually,  at  its 
meeting  in  December,  a  report  of  the  condition  of  the 
public  schools  and  of  all  the  educational  institutions  re- 
ceiving support  or  aid  from  the  State.    Such  report  shall 
contain  full  statistical  tables  of  all  items  connected  with 
the  cause  of  education  that  may  be  of  interest  to  school 
officers  or  the  people  of  the  State,  together  with  such 
suggestions  and  recommendations  for  the  improvement 
of  the  schools  and  the  advancement  of  public  instruction 
as  he  shall  deem  expedient. 

25.  (20.)   The  Commissioner  of  Education  and  the 
assistant  Commissioners  (a)  shall,  without  charge,  ad- 
minister oaths  and  take  affidavits  concerning  any  matter 
relating  to  the  schools. 


(a)    See   section    9. 


SCHOOL  LAW.  17 

26.   (21.)   The  Commissioner  of  Education  shall,  at 


the  expiration  of  his  term  of  office,  deliver  to  his  succes-  t°.»«cces80r- 
sor  his  official  seal,  together  with  all  the  property,  books, 
documents,  maps,  records,  reports  and  other  papers  be- 
longing to  his  office. 

ARTICLE    III. 

COUNTY  SUPERINTENDENTS. 

27.  (22.)  The  State  Board  of  Education  shall  appoint 

for  each  county  a  suitable  person  to  be  the  County  Super-  indent". 
intendent  of  Schools  of  that  county,  who  shall  hold  Term  of 
office  for  the  term  of  three  years  from  the  date  of  his 
appointment  and  until  his  successor  shall  have  been  ap- 
pointed as  aforesaid,  unless  sooner  removed  for  cause 
by  said  board.    No  person  shall  be  appointed  as  County  |jj[jJJ  hold 
Superintendent  of  Schools  unless  he  shall  hold  a  State  Certificate. 
teacher's  certificate. 

28.  (23.)   The  yearly  salary  of  a  County  Superin-   fali7i905, 
tendent  of  Schools  shall  be  two  thousand  dollars.    Such  §£$'&& 
salary  shall  be  paid  in  equal  monthly  installments,  and 

the  State  Comptroller  shall,  on  the  order  of  the  Commis- 
sioner of  Education,  draw  his  warrant  for  such  salary 
on  the  State  Treasurer  in  favor  of  such  County  Superin- 
tendent of  Schools. 

29.  (24.)   A  County  Superintendent  of  Schools  shall  Expenses 
receive,  in  addition  to  his  salary,  the  actual  expenses  in-   f^on, 
curred  by  him  in  the  performance  of  his  official  duties,   I9°3> 
which  expenses  shall  be  paid  by  the  collector  of  the 
county  on  the  order  of  the  Commissioner  of  Education  ; 
provided,  that  no  such  order  shall  be  drawn  in  favor  Proviso. 
of  any  County  Superintendent  of  Schools  until  he  shall 

have  furnished  to  the  State  Board  of  Education  an  item- 
ized statement,  certified  under  oath  or  affirmation,  of 
the  expenses  he  has  incurred,  nor  unless  he  shall  have, 
during  the  period  in  which  such  expenses  have  been 
2  s  L 


i8 


SCHOOL  LAW. 


Proviso. 


Powers  of 
county  super- 
intendent. 
Ibid. 
Take 
affidavits. 


Issue  orders 
for  school 
moneys. 


Supervise 
schools. 


Appoint 
members  of 
board  of 
education    in 
certain  cases. 


incurred,  faithfully  performed  all  the  duties  imposed 
upon  him  by  this  act  and  by  the  rules  and  regulations  of 
the  State  Board  of  Education;  and  provided  further, 
that  in  no  case  shall  the  expenses  aforesaid  exceed  three 
hundred  and  fifty  dollars  annually.  Payment  of  such 
expenses  shall  be  made  quarter-yearly. 

30.    (25.)   A  County  Superintendent  of  Schools  shall 
have  power: 

I.  To  administer,  without  charge,  oaths  or  affirma- 
tions to  teachers  and  school  officers. 

II.  To  issue  orders  on  the  County  Collector  in  favor 
of  the  custodian  of  the  school  moneys  of  the  several 
school  districts  in  said  county  for  that  portion  of  the 
State  school  tax,  the  State  appropriation,  and  the  in- 
terest of  the  surplus  revenue  to  which  each  of  said 
school  districts  shall  be  entitled. 

III.  To  exercise  general  supervision  over  the  public 
schools  of  the  county  under  his  charge  in  accordance 
with  the  rules  and  regulations  prescribed  from  time  to 
time  by  the  State  Board  of  Education;  to  visit  and 
examine  all  the  schools  under  his  care;  to  inquire  into 
the  management,  methods  of  instruction  and  discipline 
in  such  schools;  to  note  the  condition  of  the  school- 
houses,  sites,  buildings  and  appurtenances;  to  examine 
the  courses  of  study,  text-books  and  school  libraries ;  to 
advise  with  and  counsel  boards  of  education  in  relation 
to  their  duties,  particularly  in  respect  to  the  construc- 
tion, heating,  ventilating  and  lighting  of  schoolhouses, 
and  to  recommend  to  boards  of  education  and  teachers 
proper  studies,  methods,  discipline  and  management  for 
the  schools. 

IV.  To  appoint  members  of  the  board  of  education 
for   a  new  township,   incorporated   town   or  borough 
school   district  and   for  any  school  district  under  his 
supervision  which  shall   fail  to  elect  members  at  the 
regular  time.    Such  appointees  shall  serve  only  until  the 
next  election  in  the  district  for  members  of  the  board 
of  education. 


SCHOOL  LAW.  19 

31.    (26.)   Each   County  Superintendent   of   Schools 


shall  render  annually,  on  or  before  the  first  of  September,   ] 
to  the  Commissioner  of  Education,  in  the  manner  and 
form  prescribed  by  him,  a  report  of  such  matters  relat- 
ing to  the  schools  under  his  supervision  as  shall  be  re- 
quired by  said  Commissioner  of  Education. 

32.  (27.)   The  superintendents,  district  clerks  and  the 
custodians  of  school  moneys  of  the  several  school  dis-   ] 
tricts   shall   annually,    on   or  before  the   first   day   of 
August,  report  to  the  County  Superintendent  of  Schools, 
in  the  manner  and  form  prescribed  by  the  Commissioner 
of  Education. 

33.  (28.)   Whenever  a  superintendent  of  schools  shall  ffupceft;ision 
be  appointed  in  any  city  school  district,  the  supervision  fb?d°ls' 
of  the  schools  of  such  district  shall  devolve  upon  such 
superintendent  and  not  upon  the  County  Superintendent 

of  Schools. 

34.  (  i  .  )   The  Board  of  Chosen  Freeholders'  of  each  g®£tyf  super- 


county  of  this  State  shall  provide  an  office  of  suitably 
furnished  rooms  at  the  county  seat  for  the  use  of  the  Chap>  232> 
County  Superintendent  of  Schools,  in  which  office  shall 
be  kept  the  school  records  of  the  county  for  the  use  of 
the  county  and  State  Departments  of  Public  Instruction, 
the  United  States  Bureau  of  Education  and  the  United 
States  Commissioner  of  Education,  said  office  to  be  kept 
open  to  the  public  the  same  as  other  county  offices. 

35.  (2.)  A  sum  not  exceeding  six  hundred  dollars 
shall  be  appropriated  annually  by  said  Board  of  Chosen  ibidndent' 
Freeholders  and  paid  quarter-yearly  to  the  County 
Superintendent  of  Schools  toward  the  expenses  incurred 
for  a  clerical  assistant  in  said  office.  The  clerical  assist- 
ant shall  be  selected  and  appointed  by  the  County  Super- 
intendent. 


2O 


SCHOOL  LAW. 
ARTICLE  IV. 


BOARD  OF  EXAMINERS. 


State  ex- 
aminers. 
P.   L.   1903. 
special 
session. 


County  ex- 
aminers. 
P.  L.   1906, 
p.    681. 


Qualifica- 
tions. 


Vacancies. 
Duties. 


Compensa- 
tion. 


36.  (29.)  There  shall  be  a  State  Board  of  Examiners, 
consisting  of  the  Commissioner  of  Education,  the  Prin- 
cipals of  the  State  Normal  Schools  and  one  person  to 
be  appointed  by  the  State  Board  of  Education.     Said 
last-named  person  shall  hold  office  for  one  year  from 
date  of  his  appointment  as  aforesaid.     The  member  of 
said  State  Board  of  Examiners  appointed  by  the  State 
Board  of  Education  shall  hold  a  first-grade  State  cer- 
tificate, or  shall  be  a  graduate  of  a  college  or  university. 
He  shall  receive  for  his  services,  in  addition  to  traveling 
expenses,  such  compensation  as  may  be  fixed  by  the 
State  Board  of  Education,  not  to  exceed  ten  dollars  for 
each  meeting  of  said  Board  of  Examiners.     Said  board 
shall  hold  examinations  of  teachers,  grant  State  certifi- 
cates to  teach  and  revoke  the  same  under  rules  and 
regulations  prescribed  by  the  State  Board  of  Education. 

37.  (30.)   There  may  be  in  each  county  a  County 
Board  of  Examiners  consisting  of  the  County  Superin- 
tendent of  Schools,  who  shall  be  its  chairman,  and  a  num- 
ber of  teachers  not  to  exceed  three,  to  be  appointed  by 
him,  who  shall  hold  office  for  one  year  from  the  date  of 
their  respective  appointments.     No  person  shall  be  ap- 
pointed as  a  county  examiner  unless  he  or  she  shall  hold 
either  a  state  or  a  first-grade  county  certificate.     The 
County  Superintendent  of  Schools  shall  fill  vacancies  that 
shall  occur  from  absence  or  other  cause.     Said  County 
Board  of  Examiners   shall  conduct  examinations  and 
grant  certificates  to  teach  at  such  times  and  under  such 
rules  and  regulations  as  the  State  Board  of  Education 
may  prescribe.     It  shall  meet  at  such  places  as  may  be 
designated  by  the  chairman.   Each  member  of  said  board 
of   examiners,    except   the   County   Superintendent   of 
Schools,  shall  receive  for  his  or  her  services,  in  addition 


SCHOOL  LAW.  21 

to  traveling  expenses,  such  compensation  as  may  be  fixed 
by  the  State  Board  of  Education,  not  to  exceed  twenty- 
five  dollars  for  each  regular  examination,  which  compen- 
sation shall  be  paid  by  the  County  Collector  on  the  order 
of  the  County  Superintendent  of  Schools ;  provided,  that  Proviso, 
whenever  said  board  shall  hold  a  special  examination  no 
compensation  therefor  shall  be  paid  by  the  County  Col- 
lector, but  in  such  case  said  board  may  charge  each  appli- 
cant for  examination  a  fee  not  to  exceed  two  dollars  as 
compensation  for  services  for  such  examination. 

38.  (31.)   If  any  school  district  shall  maintain  a  Nor-  District  no 

J  mal    school 

mal   School  or   a  training  school   for  teachers,   which   p1^*^,, 
school  shall  have  been  approved  as  to  its  course  of  study   ciiap-  i82- 
by  the  State  Board  of  Education,  then  the  diplomas  or 
certificates  issued  to  pupils  of  any  such  school  upon  grad- 
uation therefrom  may  be  accepted  by  the  State  Board  of 
Examiners  as  certificates  to  teach  valid  for  the  schools 
of  such  school  district. 

ARTICLE  V. 

SCHOOL  DISTRICTS. 

39.  (32.)   Each   township,   city,    incorporated   town   School  dis- 

tricts,  how 

and  borough  shall  be  a  separate  school  district,  but  each   constituted. 
incorporated  village  shall  remain  and  be  a  part  of  the 
school  district  in  which  said  incorporated  village  shall 
be  situate  at  the  time  of  its  incorporation,  (a) 

40-  (33-)  Whenever  a  new  school  district  shall  be  J^J  districts- 
created,  the  children  residing  in  said  new  district  shall 
continue  to  attend  the  schools  in  which  they  shall  be  en- 
rolled until  the  end  of  the  then  current  school  year.  In 
case  there  shall  be  a  schoolhouse  in  such  new  district  in 
which  school  shall  be  then  maintained  the  board  of  edu- 
cation of  the  school  district  from  which  such  new  district 


(a)   See  foot-note  to  section  114. 


22 


SCHOOL  LAW. 


Custodian 
to  certify 
balance  of 
money. 


Division  of 
balance. 


Titles  to 

school 

property. 


Obligations 
assumed  by 
new  district. 


shall  have  been  set  off  shall  have  charge  and  control  of 
such  school  until  the  end  of  the  then  current  school  year, 
and  shall  pay  the  salaries  of  the  teachers,  janitors  and 
other  persons  employed  in  such  school  until  the  end  of 
said  year.  In  case  there  shall  be  any  balance  at  the  end 
of  said  school  year  in  the  hands  of  the  custodian  of  the 
school  moneys  of  the  school  district  to  the  credit  of  the 
school  district  from  which  said  new  district  shall 
have  been  set  off,  said  custodian  shall  certify  to  the 
County  Superintendent  of  Schools  the  amount  of  such 
balance,  and  what  portion  of  such  balance  was  received 
from  state  appropriation,  state  school  tax  and  interest 
of  the  surplus  revenue,  and  what  portion  was  received 
from  district  school  tax.  Said  County  Superintendent 
of  Schools,  upon  receipt  of  such  notice,  shall  divide 
between  said  districts  that  portion  of  the  balance  arising 
from  the  state  appropriation,  state  school  tax  and  inter- 
est of  the  surplus  revenue  on  the  basis  of  the  aggregate 
number  of  days  attendance  of  pupils  in  the  public  schools 
as  ascertained  from  the  last  published  report  of  the  Com- 
missioner of  Education,  and  shall  divide  between  said 
districts  that  portion  of  said  balance  arising  from  dis- 
trict school  tax  on  the  basis  of  the  respective  ratables  of 
said  districts,  and  shall  issue  an  order  in  favor  of  the 
custodian  of  the  school  moneys  of  such  new  district  for 
that  portion  of  said  balance  found  to  be  due  said  district 
from  the  district  from  which  it  shall  have  been  set  off. 
41.  (34.)  In  any  new  school  district  the  board  of 
education,  in  its  corporate  capacity,  shall  become  vested 
with  the  title  to  all  school  property,  real  and  personal,  in 
such  district,  and  if,  for  the  erection,  repair  or  purchase 
of  any  such  property,  there  shall  be  an  indebtedness  for 
which  the  board  of  education  of  the  school  district  to- 
which  said  property  originally  belonged  shall  be  liable, 
the  said  indebtedness  shall  be  assumed  by  and  become 
the  obligation  of  the  board  of  education  of  the  school 
district  which  shall  have  become  vested  with  the  title 


SCHOOL  LAW.  23 

to  such  property,  and  upon  payment  of  said  indebted- 
ness by  the  school  district  originally  liable  therefor,  an 
action  may  be  maintained  therefor  by  the  board  of  edu- 
cation so  paying  the  said  indebtedness  against  the  board 
of  education  of  the  school  district  which  shall  have 
become  vested  with  the  property  for  which  the  said  in- 
debtedness was  originally  incurred,  (a) 

42.  (35.)   In  case  any  municipality  or  any  part  there-  ^/Yn'debted- 
of  shall  have  been  annexed  to  another  municipality  and  JJ?J; 
there  shall  be  within  the  limits  of  such  municipality,  or 

such  part  thereof  as  shall  have  been  annexed  to  another 
municipality  as  aforesaid,  any  schoolhouse  or  property 
formerly  belonging  to  the  board  of  education  of  the 
school  district  situate  in  such  municipality,  and  for  the 
erection,  purchase,  furnishing  or  repair  of  which  there 
shall  be  an  indebtedness  for  which  the  board  of  educa- 
tion of  such  school  district  shall  be  liable,  the  said  in- 
debtedness shall  be  assumed  by  and  become  the  obliga- 
tion of  the  board  of  education  of  the  school  district 
situate  in  the  municipality  to  which  such  municipality 
shall  have  been  annexed. 

43.  (36. )  Whenever  the  board  of  education  of  a  school  Repayment, 
district  situate  in  any  municipality  shall  pay  any  portion 

of  an  indebtedness  existing  at  the  time  of  the  formation 
of  a  new  municipality,  or  at  the  time  of  the  annexation 
of  such  municipality,  or  part  thereof,  to  another  munici- 
pality as  aforesaid,  which  indebtedness  shall  have  been 
assumed  by  and  shall  have  become  the  obligation  of  the 
board  of  education  of  the  school  district  situate  in  such 
new  municipality,  said  last-mentioned  board  shall  repay 

(a)  When  a  new  borough  is  formed  and  set  off  from  a  township  and  be- 
comes a  separate  school  district,  and  there  is  within  the  limits  of  the  borough 
a  school-house  belonging  to  the  board  of  education  of  the  township,  and  for 
the  erection  of  which  there  is  an  indebtedness  for  which  said  board  is  liable, 
the  said  board  is  not  thereby  discharged  from  its  legal  liability  to  pay  such 
indebtedness,  but  on  being  compelled  by  suit  and  judgment  at  law  to  pay 
the  same  is  entitled  to  collect  the  sum  so  paid  from  the  board  of  education 
of  the  borough.  McCully  v.  Board  of  Education,  34  Vr.  18;  Wooley  v. 
Hendrickson,  44  Vr.  14. 


SCHOOL  LAW. 


Length  of 
school  term. 
Ibid. 


Proviso. 
Proviso. 


City  school 
boards. 
P.  I,.  1911, 
Chap.   233. 


Terms. 


Vacancies. 


to  the  board  of  education  of  said  first-mentioned  school 
district  the  amount  of  said  payment,  with  interest. 

44.  (37.)   The    State   appropriation    and   the    State 
school  tax  shall  not  be  apportioned  in  any  year  to  any  dis- 
trict which  shall  not  have  maintained  a  public  school  for 
at  least  nine  months  during  the  preceding  school  year ; 
provided,  that  the  Commissioner  of  Education  may,  for 
good  cause  shown,  remit  said  penalty;  and  provided 
further,  that  said  appropriation  and  said  State  school 
tax  shall  be  apportioned  to  a  new  district,  or  to  a  dis- 
trict in  which  the  school  shall  have  been  discontinued 
on  account  of  the  repairing  of  an  old  or  the  erection  of 
a  new  school  building. 

ARTICLE  VI. 

CITY   SCHOOL  DISTRICTS. 

45.  (38.)   In  each  city,  other  than  those  cities  where 
boards  of  education  now  consist  of  less  than  nine  mem- 
bers each,  the  mayor  or  other  chief  executive  officer  of 
said  city  shall,  during  the  month  of  January  next  after 
the  passage  of  this  act,  appoint  nine  persons  to  be  mem- 
bers of  the  Board  of  Education  of  such  school  district, 
who  shall  severally  possess  the  qualifications  for  mem- 
bership described  in  this  article.     In  making  the  first 
appointment  the  mayor,  or  the  chief  executive  officer, 
shall  appoint  three  of  such  persons  to  serve  for  one 
year,  three  for  two  years  and  three  for  three  years, 
and  annually  thereafter,  during  the  month  of  January, 
the  said  mayor  or  other  chief  executive  officer  of  such 
city  shall  appoint  members  of  the  said  Board  of  Educa- 
tion to  serve  for  the  term  of  three  years  to  take  the  place 
of  those  members  whose  terms  shall  expire  with  such 
year.     Any  vacancy  in  such  Board  of  Education  shall 
be  forthwith  reported  by  the  secretary  of  said  board 
to  the  mayor  or  other  chief  executive  officer,  who  shall, 
within  thirty  days  thereafter,  appoint  a  person  to  fill 
such  vacancy  for  the  unexpired  term.     To  every  such 


SCHOOL  LAW.  25 

appointee  as  aforesaid,  said  mayor  or  other  chief  exe- 

cutive officer  shall   issue  and   deliver  a  certificate  of  oferapfipoanf- 


r 


appointment.     The  term  of  office  of  a  member  of  the 

Board  of  Education,  except  a  member  appointed  to  fill 

an  unexpired  term,  shall  begin  on  the  first  day  of  Feb-  Feb™arygists 

ruary  next  succeeding  his  appointment.     In  any  town-  ^erln6 

ship,  school  district,  incorporated  under  the  provisions  * 

of  article  six,  for  the  purposes  named  in  this  section, 

the  chairman  of  the  township  committee  shall  be  deemed 

and  taken  to  be  the  chief  executive  officer,  (a) 

46.  (2.)   The  terms  of  office  of  all  members  of  boards 

of  education  in  school  districts  of  cities  which  are  affected  Ibid- 
by  this  act,  and  in  districts  which  adopted  article  six  of 
the  act  to  which  this  is  an  amendment,  shall  expire  on 
the  thirty-first  day  of  January  next  after  the  passage 
of  this  act. 

47.  (41.)   A  member  of  a  board  of  education  in  a  city 

school  district  shall  be  a  citizen  and  resident  of  the  LJr.i  I9°3' 
territory  contained  in  said  school  district,  and  shall  have 
been  such  citizen  and  resident  for  at  least  three  years 
immediately  preceding  his  or  her  becoming  a  member 
of  such  board,  and  shall  be  able  to  read  and  write.  He 
shall  not  be  interested,  directly  or  indirectly,  in  any 
contract  with  or  claim  against  said  board. 

48.  (42.)   A  member  of  such  board  of  education  shall, 
before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  an  oath  before  any  officer  authorized  by  law 
to  administer  oaths,  that  he  possesses  the  qualifications 
to  be  a  member  of  said  board  prescribed  therefor  by 
this  article,  and  that  he  will  faithfully  discharge  the 
duties  of  his  said  office.     Said  oath  shall  be  filed  with 
the  city  clerk  of  the  city.(fr) 

49.  (43.)   A  member  of  such  board  of  education  who   Removal 
shall  fail  to  attend  three  consecutive  regular  meetings  attendance 
of  said  board  without  good  cause  may  be  removed  by 

said  board.    The  vacancy  thus  created  shall  be  filled  in 

(a)   See  section  281. 

(&)   See  foot-note  to  section  94. 


26 


SCHOOL  LAW. 


No   compen- 
sation. 
Ibid. 

Body  cor- 
porate ;  seal. 
Ibid. 


Organization 
of  board   of 
education. 
Ibid. 


May  sue, 
purchase,    etc. 
Ibid. 

Condemn 
land  for 
school 
purposes. 


School 
property 
vested  in 
board   of 
education. 
Ibid. 


Title  to  school 
property    in 
board  of 
education. 
IbM 


the  same  manner  as  other  vacancies  in  the  board  of  edu- 
cation shall  be  filled. 

50.  ( 44. )   A  member  of  such  board  of  education  shall 
receive  no  compensation  for  his  services. 

51.  (45.)   A  board  of  education  in  a  city  school  dis- 
trict shall  be  a  body  corporate,  and  shall  be  known  as  and 

called  "the  Board  of  Education  of  in  the 

county  of ,"  and  shall  adopt  an  official  seal. 

52.  (46.)   On  the  day  the  term  of  office  of  the  mem- 
bers- first  appointed  or  elected  as  provided  in  section 
thirty-eight  shall  begin,  and  annually  at  the  first  regular 
meeting  of  the  board  of  education  on  or  after  the  first 
day  of  January,  said  board  shall  organize  by  electing  one 
of  its  members  as  president  and  another  as  vice-presi- 
dent, which  officers  shall  serve  for  one  year  and  until 
their  respective  successors  shall  be  elected. 

53.  (47.)   Such  board  shall,  in  and  by  its  corporate 
name,  sue  and  be  sued,  purchase,  lease,  receive,  hold  and 
sell  property,  real  and  personal,  take  and  condemn  land 
and  other  property  for  school  purposes  in  the  manner 
provided  by  law  regulating  the  ascertainment  and  pay- 
ment of  compensation  for  property  condemned  or  taken 
for  public  use.     If  either  party  shall  feel  aggrieved  by 
any  proceedings  and  award  thereunder,  said  party  may 
appeal  in  the  manner  provided  by  law  for  appeals  from 
such  proceedings  and  award.     It  shall  do  all  acts  and 
things  necessary  for  the  lawful  and  proper  conduct  and 
maintenance  of  the  public  schools  of  its  school  district. 

54.  (48.)    Such  boards  shall  succeed  to  and  be  vested 
with  all  the  property  of  every  kind,  and  all  the  rights  and 
privileges,  not  inconsistent  with  the  provisions  of  this 
act,  theretofore  vested  in  or  possessed  by  any  board  of 
education,  school  commissioners,  or  other  body  there- 
tofore having  charge  and  control  of  the  public  schools  or 
public  school  property  of  the  school  district  or  of  the 
city  in  which  said  district  shall  be  situate. 

55.  (49.)   The  title  to  school  property,  real  and  per- 
sonal, previously  acquired  by  said  school  district,  or  by 


SCHOOL  LAW.  27 

any  antecedent  board  of  education,  school  commission- 
ers, or  by  any  other  body  for  school  purposes  in  said 
school  district,  or  in  the  city  in  which  the  said  district 
shall  be  situate,  or  by  any  body  in  such  city,  and  the  title 
to  all  lands,  buildings  and  other  property  to  be  hereafter 
acquired  for  school  purposes  in  said  school  district  shall 
vest  in  the  board  of  education  in  said  district  incor- 
porated under  the  provisions  of  this  article. 

56.  (50.)   Every  such  board  shall  have  the  super- 
vision,  control  and  management  of  the  public  schools  and   Ibid- 
public  school  property  in  its  district,  and  shall  keep  such 
property  insured.     It  shall  appoint  a  person  to  be  its 
secretary,  and  may  appoint  a  superintendent  of  schools,  a  secretary-  etc- 
business  manager  and  other  officers,  agents  and  em- 
ployes as  may  be  needed,  and  may  fix  their  compensa- 
tion and  terms  of  employment, (a)  but  no  such  appoin- 
tee, officer,  agent  or  employe,  other  than  the  secretary, 

shall  be  a  member  of  said  board. 

57.  (51.)    Such  board  shall  make,  amend  and  repeal 
rules,  regulations  and  by-laws  not  inconsistent  with  this 
act  or  with  the  rules  and  regulations  of  the  State  Board 
of  Education,  for  its  own  government,  for  the  trans- 
action of  business,  and  for  the  government  and  manage- 
ment of  the  public  schools  and  the  public  school  property 
in  said  district,  and  also  for  the  employment  and  dis- 
charge of  principals  and  teachers,  (b) 

58.  (52.)   Such  board  of  education  shall,  prior  to  the  ££J8S!8  for 
beginning  of  each  school  year,  cause  advertisement  to  lbl<L 

be  made  under  such  regulations  as  it  may  provide,  for 
proposals  for  furnishing  supplies  required  in  the  schools 
and  by  said  board  during  the  ensuing  year.     If  other 
and  further  supplies  shall  be  required  during  the  year, 
they  shall  be  purchased  in  like  manner.     No  contract 
shall  be  entered  into  for  the  building  of  a  new  school- 
house  or  for  the  enlarging  or  repairing  of  a  school- 
Co)   See  sections  253,  286,  287,  288  and  289. 
(b)   See  section  7,  div.  VII,    116,   126  and   140. 


28 


SCHOOL  LAW. 


Proviso. 


Exceptions. 


Bids  and 
contracts. 
Ibid. 


Annual 
report. 
Ibid. 


May  borrow 
money  on 
notes. 
Ibid. 


house  already  erected,  except  after  advertisement  made 
under  such  regulations  as  said  board  may  prescribe; 
provided,  that  the  board  may  at  any  time  order  repairs 
to  school  buildings  to  an  amount  not  exceeding  five 
hundred  dollars,  and  may  authorize  the  purchase  of 
supplies  to  an  amount  not  exceeding  two  hundred  and 
fifty  dollars  without  advertisement.  Text-books  and 
kindergarten  supplies  may  be  purchased  without  ad- 
vertisement, (a) 

59.  (53.)   No  bid  for  building  or  repairing  school- 
houses  or  for  supplies  shall  be  accepted  which  does  not 
conform  to  the  specifications  furnished  therefor,  and  all 
contracts   shall  be  awarded  to  the  lowest  responsible 
bidder,  (b) 

60.  (54.)    Such  board  of  education  shall,  as  soon  as 
practicable  after  the  close  of  each  school  year,  cause  to  be 
printed  and  published  a  report  of  the  condition  of  the 
public  schools  under  its  charge,  of  all  the  property  under 
its  control,  and  an  itemized  account  of  the  expenditures 
of  the  board  and  of  the  finances  of  the  district. 

61.  (55.)    Such  board  may,  after  the  first  day  of  July 
and  before  the  first  day  of  January,  borrow  a  sum  not 
exceeding  one-half  of  the  amount  appropriated  for  the 
current  expenses  of  the  schools  and  for  the  repair  of 
schoolhouses  under  its  control,  and  execute  and  deliver 


(a)  The  Board  of  education,  in  seeking  proposals  for  a  contract,  may 
lawfully  delegate  to  a  committee  of  its  body  the  duty  of  preparing  and  sub- 
mitting the  specifications  for  such  purpose  and  of  conducting  negotiations 
for  the  contract;  provided,  the  proposals  and  the  result  of  the  negotiations 
are  first  reported  to  and  considered  by  the  board  before  final  action  in  award- 
ing the  contract.  Kraft  v.  Board  of  Education,  38  Vr,  512.  See  foot-notes 
to  sections  78  and  gs,  division  IV. 

(6)  i.  The  provisions  of  this  section  compel  the  board  of  education  to 
award  the  contract  to  the  lowest  responsible  bidder.  The  board  cannot  de- 
termine against  the  responsibility  of  a  bidder  without  giving  him  notice  and 
an  opportunity  to  be  heard.  Jacobson  v.  Board  of  Education  of  Elisabeth, 
64  At  I.  Rep.  6og. 

2.  After  receiving   bids   it   is   not   within   the   power   of   a   board   of   educa- 
tion   to   modify    the   specifications    by    omissions    and    changes    and    award    a 
contract  to  a  former  bidder,  although  the  lowest,  to  execute  the  work  accord- 
ing to  the   revised  specifications,    although,  at   a   price   less  than   the   original 
bid.     Scola  v.  Board  of  Education  of  Montclair,  48   Vr.   73. 

3.  See   sections    128   and   129;     also   Schwitzer  v.   Board   of  Education,    50 
Vr.  342- 


SCHOOL  LAW.  29 

promissory  notes  therefor,  and  pay  the  amount  so  bor- 
rowed, together  with  interest  thereon,  at  a  rate  not  ex- 
ceeding six  per  centum  per  annum,  (a) 

62.  (56.)   A  secretary  shall  be  appointed  by  the  ma- 
jority  vote  of  all  the  members  of  the  board  of  education ;   ] 
he  shall  be  paid  such  salary  as  said  board  shall  determine, 
and  may  be  removed  by  a  majority  vote  of  all  the  mem- 
bers of  said  board.    He  shall,  before  entering  upon  the 
duties  of  his  office,  execute  and  deliver  to  said  board  a 
bond  in  a  sum  to  be  fixed  by  said  board,  but  not  less  than 
two  thousand  dollars,  with  surety  or  sureties  to  be  ap- 
proved by  said  board  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office.     Said  board  may 
accept  the  bond  or  undertaking  of  a  trust  company  or 
surety  or  indemnity  company,  and  may  pay  the  annual 
premium  or  fee  therefor  as  a  current  expense  of  said 
board. 

63.  (57.)   The  secretary  may  appoint   and   remove 
clerks  in  his  office,  but  the  number  and  salaries  of  such   Ibid- 
clerks  shall  be  determined  by  the  board  of  education. 

64.  (58.)   The  secretary  shall  record  the  proceedings  |^reestary's 
of  the  board  and  of  its  committees,  and  shall  be  the  cus-   Ibid- 
todian  of  all  securities,  documents,  title  papers,  books 

of  record  and  other  papers  belonging  to  the  board  under 
such  conditions  as  said  board  shall  prescribe. 

65.  (59.)   The  secretary  shall  collect  tuition  fees  and   ts0eCcoifercyt 
other  moneys  due  to  the  board  of  education,  except  n,°d.eys' 
moneys  apportioned  by  the  County  Superintendent  of 
Schools  or  appropriated  by  the  city,  and  shall  deposit 

with  the  custodian  of  the  school  moneys  of  the  district   Report 

collections. 

all  moneys  collected  by  him,  and  shall  render  monthly   Ibid- 
to  the  board  of  education  a  report  of  the  receipts  during 
the  preceding  month. 

66.  (60.)   The  secretary  shall  be  the  general  account-  ff^^1 
ant  of  the  board  of  education,  and  shall  preserve  in  his   accountant, 
office  all  accounts,  vouchers  and  contracts  relating  to  the 

(a)   See  section  294. 


SCHOOL  LAW. 


Payment    of 

claims. 

Ibid. 


Disburse- 
ments, how 
made. 
Ibid. 


Claims 
audited. 


public  schools.  He  shall  examine  and  audit  all  accounts 
and  demands  against  said  board.  Every  such  account 
or  demand  exceeding  in  amount  the  sum  of  five  dollars, 
except  for  salaries,  shall  be  verified  by  affidavit. 

67.  (61.)   No  claim  or  demand  shall  be  audited  or 
paid  unless  it  shall  be  authorized  by  law  and  the  rules  of 
the  board  of  education  and  be  fully  itemized,  nor  unless 
the  amount  required  to  pay  the  same  shall  have  been 
theretofore  appropriated  by  said  board. 

68.  (62.)  All  disbursements  of  the  board  of  education 
shall  be  by  warrant  drawn  on  the  custodian  of  the  school 
moneys  of  the  district,  signed  by  the  president  of  said 
board  and  countersigned  by  the  secretary.    All  warrants 
drawn  in  accordance  with  the  provisions  of  this  section, 
accompanied  by  itemized  statements  of  the  claims  or 
demands  that  have  been  drawn,  shall  be  forwarded  by 
said  secretary,  to  the  comptroller,  auditor  or  other  offi- 
cer, if  there  be  one,  authorized  by  law  to  audit  claims 
and  demands  against  the  municipality  in  which  such 
district  shall  be  situate.     Said  comptroller,  auditor  or 
other  officer  shall  be  the  auditor  of  the  school  district, 
and  shall   receive  such  compensation   therefor   as  the 
common  council  or  other  governing  body  of  said  munici- 
pality shall   determine,   and  the  bonds  given  by  such 
Comptroller,  auditor  or  other  officer  for  the  faithful  per- 
formance of  his  duty  to  such  municipality  shall  be  held 
to  cover  the  performance  of  his  duty  as  auditor  of  the 
school  district.     Such  auditor  shall  examine  and  audit 
such  warrants  and  statements,  with  a  view  to  ascertain- 
ing whether  the  sum  or  sums  are  proper,  and  if  he  shall 
find  them  to  be  correct,  he  shall  countersign  said  war- 
rants and  forward  them  to  the  city  treasurer,  who,  by 
virtue  of  his  office  as  city  treasurer,  shall  be  the  cus- 
todian of  school  moneys  of  said  school  district.     Said 
auditor  shall,  whenever  he  shall  deem  it  to  be  for  the 
best  interests  of  the  school  district,  examine  under  oath 
any  person  presenting  a  bill  or  claim  against  said  school 


SCHOOL  LAW.  31 

district,  and  also  examine  witnesses  and  investigate  by 
other  evidence  and  inquiry  all  the  facts  relating  to  said 
claim  which  in  his  opinion  are  necessary  to  establish  the 
accuracy  and  good  faith  of  said  claim,  and  to  ascertain 
the  school  district's  liability  therefor.  If  said  auditor  if  auditor 

J  in  doubt. 

shall  have  reason  to  believe  that  the  claim  or  demand 
for  which  any  such  warrant  shall  have  been  issued  is 
incorrect,  or  for  any  cause  should  not  be  paid,  he  shall 
return  such  warrant  and  statement  to  the  secretary  of 
the  board  of  education,  with  a  statement  of  the  reasons 
why  the  same  should  not  be  paid,  and  said  secretary 
shall  correct  such  warrant  and  statement,  or  present 
them  to  the  board  of  education  at  its  next  meeting.  If 
said  board  shall  find  that  the  claim  or  demand  for  which 
said  warrant  was  issued  is  correct  and  just  it  shall,  by  a 
vote  of  a  majority  of  all  the  members  of  said  board, 
order  that  it  be  paid,  and  said  auditor  shall,  upon  receipt 
of  the  warrant  and  statement  thereof,  together  with  a 
statement  of  the  action  of  the  board  of  education  there- 
on, countersign  the  warrant  and  forward  it  to  the  cus- 
todian of  school  moneys.  Said  auditor  shall,  whenever 
he  shall  deem  it  necessary,  examine  all  books,  papers 
and  vouchers  of  the  board  of  education,  or  any  officer 
thereof,  and  shall  have  free  and  unrestrained  access  to 
them  for  that  purpose. 

69.  (63.)  The  secretary  shall  report  monthly  to  the 
board  of  education  the  amount  for  which  warrants  shall 

Ibid. 

have  been  drawn  during  the  preceding  month,  the 
accounts  against  which  said  warrants  shall  have  been 
drawn  and  the  balance  to  the  credit  of  each  account,  and 
shall,  at  the  close  of  the  fiscal  year,  make  a  full  itemized 
report  of  the  finances  of  the  school  district. 

70.  (64.)   Whenever  a  superintendent  of  schools  shall   Superintend- 
be  appointed,  it  shall  be  by  a  majority  vote  of  all  of  the  |*°°ls- 
members  of  the  board  of  education.     He  shall  receive   Ibid- 
such  salary  as  said  board  shall  determine,  which  salary 

shall  not  be  reduced  during  his  employment.     He  may 


SCHOOL  LAW. 


Assistant 
superin- 
tendents. 
Ibid. 


Qualifications 
of  superin- 
tendents. 
Ibid. 


Duties  of 
superin- 
tendent. 
Ibid. 


Annual 
report. 


Appointment 
of  teachers, 
and  selection 
of  text-books. 
Ibid. 


be  removed  by  a  majority  vote  of  all  the  members  of 
said  board.  He  shall  have  a  seat  in  said  board  and  the 
right  to  speak  on  all  educational  matters,  but  shall  not 
have  the  right  to  vote. 

71.  (65.)  The  board  of  education  may,  on  the  nomi- 
nation of  the  Superintendent  o>f  Schools,  appoint  assist- 
ant superintendents  and  shall  fix  their  salaries.  Assistant 
superintendents  may  be  removed  by  a  majority  vote  of 
all  the  members  of  said  board. 

72.  (66.)   No   person   shall   hereafter   be   appointed 
superintendent  of  schools,  or  assistant  superintendent 
under  the  provisions  of  this  article  unless  he  shall  hold  a 
State  teacher's  certificate. 

73.  (67.)   The  Superintendent  of  Schools  shall,  when 
required  by  the  Board  of  Education,  devote  himself  ex- 
clusively to  the  duties  of  his  office.     He  shall  have  gen- 
eral supervision  over  the  schools  of  the  district  and 
shall  examine  into  their  condition  and  progress  and  re- 
port thereon  from  time  to  time  as  directed  by  the  Board 
of  Education.     He  shall  have  such  other  powers  and 
perform  such  other  duties  as  may  be  prescribed  by  said 
board.    He  may  appoint  and  remove  clerks  in  his  office, 
but  the  number  and  salaries  of  such  clerks  shall  be  de- 
termined   by   said   board.      Said    superintendent    shall 
render  annually,  on  or  before  the  first  day  of  August, 
to  the  Commissioner  of  Education,  and  in  the  manner 
and  form  prescribed  by  him,  a  report  of  such  matters 
relating  to  the  schools  under  his  supervision  as  shall  be 
required  by  said  Commissioner  of  Education. 

74.  (68.)   No  principal  or  teacher  shall  be  appointed, 
transferred  or  dismissed,  nor  the  amount  of  his  or  her 
salary  fixed;  no  school  term  shall  be  determined,  nor 
shall  any  course  of  study  be  adopted  or  altered,  nor  text- 
books selected,  except  by  a  majority  vote  of  the  whole 
number  of  members  of  the  board  of  education,  (a) 


(a)   See  sections  116  and  126. 


SCHOOL  LAW.  33 


75.  (69.)  The  superintendent  of  schools  may,  with  the 
approval  of  the  president  of  the  board  of  education,  sus- 
pend  any  assistant  superintendent,  principal  or  teacher, 
and  shall  forthwith  report  such  suspension  to  the  board 
of  education,  which  board  shall  take  such  action  for  the 
restoration  or  removal  of  such  assistant  superintendent, 
principal  or  teacher  as  it  shall  deem  proper;  provided,   Proviso 
that  such  action  shall  be  by  a  majority  vote  of  all  the 
members  of  said  board. 

76.  (70.)   Wherever  a  business  manager  shall  be  ap- 


pointed  it  shall  be  by  a  majority  vote  of  all  the  members  ] 
of  the  board  of  education.  He  shall  receive  such  salary  Salary. 
as  said  board  shall  determine.  He  shall,  before  entering  Bond. 
upon  the  duties  of  his  office,  execute  and  deliver  to  the 
board  of  education  a  bond  in  a  sum  to  be  fixed  by  said 
board,  but  not  less  than  two  thousand  dollars,  with 
surety  or  sureties  to  be  approved  by  said  board,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his 
office.  Said  board  may  accept  the  bond  or  undertaking 
of  a  trust  company,  surety  or  indemnity  company  and 
may  pay  the  annual  premium  or  fee  therefor  as  a  cur- 
rent expense  of  said  board.  Said  business  manager  may, 
by  a  majority  vote  of  all  the  members  of  the  board  of 
education,  be  removed  from  office.  He  shall  have  a 
seat  in  said  board,  and  the  right  to  speak  on  all  matters 
relating  to  his  department,  but  shall  not  have  the  right 
to  vote. 

77.  (71.)   The  business  manager  shall  have  charge  ^neess°f 
and  care  of  the  public  school  buildings,  and  all  other   nSdfger' 
property  belonging  to  the  school  district.    He  may  ap- 

point and  remove  clerks  in  his  office,  but  the  number  and 
salaries  of  such  clerks  shall  be  determined  by  the  board 
of  education. 

78.  (72.)  All  plans  and  specifications  for  the  erection,   P1uans°f 

school-houses 

improvement  or  repair  of  public  schoolhouses  shall  be 
drawn  by  or  under  the  supervision  of  the  business  man- 
ager,  if  there  be  one,  and  shall  be  approved  by  the  Board 
3SI, 


34 


SCHOOL  LAW. 


Proviso. 


Inspection 


Board  of 

school 

estimate. 

P.  L.  1907, 
Chap.  276. 


of  Education.  Said  business  manager,  if  there  be  one, 
shall  supervise  the  construction  and  repair  of  all  school 
buildings,  and  shall  report  monthly  to  the  Board  of 
Education  the  progress  of  the  work;  provided,  that  re- 
pairs not  exceeding  the  sum  of  one  hundred  dollars 
may  be  ordered  by  the  business  manager,  and  repairs 
not  exceeding  the  sum  of  five  hundred  dollars  may  be 
ordered  by  the  committee  of  the  board  having  charge 
of  the  repair  of  school  property,  without  the  previous 
order  of  the  board,  and  without  advertisement.  The 
business  manager,  if  there  be  one,  shall  superintend 
all  advertisements  for  bids  and  the  letting  of  all  con- 
tracts. He  shall  inspect  all  work  done  and  materials 
or  supplies  furnished  under  contract,  and  shall,  subject 
to  the  approval  of  the  Board  of  Education,  condemn 
any  work  and  reject  any  material  or  supplies  which,  in 
his  judgment,  do  not  conform  to  the  specifications  con- 
tained in  the  contract  therefor,  and  shall  perform  such 
other  duties  as  may  be  required  by  the  Board  of  Edu- 
cation, (a) 

79.  (73-)  In  every  city  school  district  the  Board  of 
Education  shall  appoint  two  of  its  members,  and  the 
common  council,  board  of  finances  or  other  body  in  such 
city  having  the  power  to  make  appropriations  of  money 
raised  by  taxes  in  said  city,  shall  appoint  two  of  its  mem- 
bers, and  the  four  persons  so  appointed,  together  with 
the  mayor  or  other  chief  executive  officer  of  the  city,  shall 
constitute  a  board  to  be  known  as  the  "Board  of  School 
Estimate"  of  said  school  district.  Said  appointments 
shall  be  made  annually  during  the  month  of  January. 
In  case  of  any  vacancy  occurring  in  any  such  Board  of 
School  Estimate  by  reason  of  the  resignation,  death  or 
removal  of  any  member  thereof,  such  vacancy  shall  be 
immediately  filled  by  the  body  which  originally  ap- 


(a)    i.  The  provisions  of  the  Mechanics'   I^ien  law  apply  to  school  districts. 
7    Dickinson    689. 

2.   See  sections    128   and   129. 


SCHOOL  LAW.  35 

pointed  such  member,  appointing  another  of  its  mem- 
bers to  fill  such  vacancy. 

The  Secretary  of  the  Board  of  Education  shall  be  the  Secretary. 
Secretary  of  the  Board  of  School  Estimate,  but  shall 
receive  no  compensation  as  such. 

80.    (74.)   On  or  before  the  fifteenth  day  of  May  in  gJSS^b 
each  year,  the  Board  of  Education  of  such  city  school  educat?0fn. 
district  shall  prepare  and  deliver  to  each  member  of  said 


Board  of  School  Estimate  an  itemized  statement  of  the 
amount  of  money  estimated  to  be  necessary  for  the 
current  expenses  of  and  for  repairing  and  furnishing 
the  public  schools  of  such  district  for  the  ensuing 
school  year,  and  also  the  amount  which  shall  have  been 
apportioned  to  such  district  by  the  county  superintend- 
ent. 

81.  (75.)  Between  the  fifteenth  day  of  May  and  the  Appropriations 
first  day  of  June  in  each  year  said  Board  of  School  Esti-  ibid™1 
mate  shall  fix  and  determine  the  amount  of  money 
necessary  to  be  appropriated  for  the  use  of  the  public 
schools  in  such  district  for  the  ensuing  school  year, 
exclusive  of  the  amount  which  shall  have  been  appor- 
tioned to  it  by  the  County  Superintendent  of  Schools. 
Said  Board  of  School  Estimate  shall,  on  or  before  the  Certificates. 
last  named  date,  make  two  certificates  of  said  amount, 
signed  by  at  least  three  of  the  members  of  said  board, 
one  of  which  certificates  shall  be  delivered  to  the  board 
of  education  of  said  school  district,  and  the  other  to 
the  common  council,  board  of  finance  or  other  body 
in  the  city  having  the  power  to  make  appropriations 
of  moneys  raised  by  taxes  in  such  city.  Said  common  APPropria- 
council,  board  of  finance  or  other  body  shall,  upon 
receipt  of  said  notice,  appropriate  in  the  same  manner 
as  other  appropriations  are  made  by  it  the  amount  so 
certified  as  aforesaid,  and  said  amount  shall  be  assessed, 
levied  and  collected  in  the  same  manner  as  moneys  ap- 
propriated for  other  purposes  in  such  city  shall  be 
assessed,  levied  and  collected;  provided,  that  any  proviso. 


SCHOOL  LAW. 


Proviso. 


Appropria- 
tions for 
land  and 
buildings. 
P.  I,.  1904, 
Chap.  40. 


Statement  to 
be  given  to 
each  member 
of  board  of 
estimate. 


Appropria- 
tion, how 
made. 


May  borrow 
on  "school 
bonds." 


amount  in  excess  of  three- fourths  of  one  per  centum 
of  the  taxable  valuation  of  the  real  and  personal  prop- 
erty shall  be  appropriated  only  with  the  concurrence 
and  consent  of  said  common  council,  board  of  finance 
or  other  body,  expressed  by  its  resolution  duly  passed; 
and  provided  further,  that  if  the  charter  of  the  city 
shall  limit  the  amount  of  tax  or  the  rate  of  taxation 
in  such  city,  so  that  the  purposes  of  this  section  can- 
not be  carried  out,  or  shall  otherwise  by  its  terms  pre- 
vent the  carrying  out  of  said  purposes,  said  charter 
limitations  shall  be  hereafter  held  not  to  apply  to  the 
raising  of  money  under  the  provisions  of  this  section. 
82.  (76.)  Whenever  a  city  board  of  education  shall 
decide  that  it  is  necessary  to  raise  money  for  the  pur- 
chase of  lands  for  school  purposes,  or  for  erecting,  en- 
larging, repairing  or  furnishing  a  schoolhouse  or  school- 
houses,  it  shall  prepare  and  deliver  to  each  member  of 
the  Board  of  School  Estimate  of  such  school  district  a 
statement  of  the  amount  of  money  estimated  to  be 
necessary  for  such  purpose  or  purposes ;  said  Board  of 
School  Estimate  shall  fix  and  determine  the  amount 
necessary  for  such  purpose  or  purposes,  and  shall  make 
two  certificates  of  such  amount,  one  of  which  certifi- 
cates shall  be  delivered  to  said  board  of  education,  and 
the  other  to  the  common  council,  board  of  finance  or 
other  body  in  the  city  having  the  power  to  make  ap- 
propriations of  money  raised  by  tax  in  such  city;  said 
common  council,  board  of  finance  or  other  body  may 
appropriate  such  sum  or  sums  for  such  purpose  or  pur- 
poses in  the  same  manner  as  other  appropriations  are 
made  by  it,  and  said  sum  or  sums  shall  be  raised,  as- 
sessed, levied  and  collected  at  the  same  time  and 
in  the  same  manner  as  moneys  appropriated  for 
other  purposes  in  such  city  are  raised,  assessed, 
levied  and  collected;  or  said  common  council,  board 
of  finance  or  other  body  may  appropriate  and  bor- 
row such  sum  or  sums  for  the  purpose  or  purposes 
aforesaid,  and  may  secure  the  repayment  of  the  sum  or 


SCHOOL  LAW.  37 

sums  so  borrowed,  together  with  interest  thereon  at  a 
rate  not  to  exceed  five  per  centum  per  annum,  by  the 
issue  of  bonds  in  the  corporate  name  of  such  city;  bonds 
so  issued  shall  be  designated  "school  bonds;"  may  be 
registered  or  coupon  or  both,  of  such  denominations 
as  the  common  council,  board  of  finance  or  other  board 
may  determine,  and  shall  be  made  payable  in  not  more 
than  fifty  years  from  the  date  thereof;  they  shall  be 
sold  at  public  or  private  sale  and  not  for  less  than  par 
and  accrued  interest,  and  such  city  shall  in  its  annual 
tax  levy  raise  money  sufficient  to  pay  the  interest  on 
said  bonds,  together  with  at  least  one  per  centum  per 
annum  of  the  principal  thereof,  to  provide  a  sinking 
fund  for  the  retirement  of  said  bonds  at  maturity;  or 
in  lieu  of  providing  for  a  sinking  fund  for  the  retire-  f^ng 
ment  of  said  bonds  at  maturity,  the  bonds  may  be  so 
issued  that  a  stated  equitable  amount  of  them  (in 
value),  having  regard  to  other  school  bonds  already 
issued,  shall  become  payable  in  each  year,  beginning 
not  more  than  ten  years  from  date  of  the  earliest  issue 
and  ending  in  not  less  than  forty  years  from  such  date, 
and  in  such  case  there  shall  be  raised  by  tax  in  each 
year  such  sum  of  money  as  may  be  necessary  to  pay  the 
interest  on  all  outstanding  bonds  and  the  principal  of 
such  bonds  as  may  mature  during  that  year;  the  pro- 
ceeds of  the  sale  of  such  bonds  shall  be  deposited  with 
the  custodian  of  school  moneys  of  such  school  district 
and  shall  be  paid  out  only  on  the  warrants  or  orders 
of  the  Board  of  Education;  provided,  that  the  total  Proviso, 
amount  of  bonds  for  the  purposes  named  in  this  sec- 
tion, including  bonds  theretofore  issued  for  such  pur- 
poses, and  not  redeemed,  shall  not  exceed  at  any  one 
time  a  sum  equal  to  three  per  centum  of  the  taxable 
valuation  of  the  real  and  personal  property  in  such  city ; 
provided  further,  that  if  the  charter  of  the  city  shall  proviso, 
limit  the  amount  of  indebtedness  in  such  city,  or  shall  by 
its  terms  prevent  the  carrying  out  of  the  provisions  of 


SCHOOL  LAW. 


Township 
committee 
given  power 
to  carry  into 
effect  sections 
73-76,  P.  L. 
1911,  Chap. 
209. 


Township 
committee  to 
certify  to 
assessor 
amount  fixed 
by  board  of 
school 
estimate. 
Ibid. 


this  section,  said  charter  provisions  shall  be  hereafter 
held  not  to  apply  to  the  issuing  of  bonds  under  the  pro- 
visions of  this  section,  (a) 

83.  (i.)    Whenever  any  township  shall  have  accepted 
the  provisions  of  Article  VI.  of  the  act  to  which  this 
act  is  a  supplement,  as  provided  in  section  two  hundred 
and  forty-three  of  said  act,  the  township  committee  of 
such  township  shall,  for  the  purpose  of  carrying  into 
effect  the  provisions  of  sections  seventy-three,  seventy- 
four,  seventy-five  and  seventy-six  of  said  act,  be  deemed 
and  taken  to  be  a  body  having  the  power  to  make  appro- 
priations of  money  raised  by  taxes,  and  the  president 
or  chairman  of  such  committee  shall  be  deemed  and 
taken  to  be  the  chief  executive  officer  of  such  township. 

84.  (2.)   The  township  committee  of  such  township, 
upon  the  receipt  of  the  certificate  as  provided  in  sec- 
tion seventy-five  of  the  act  to  which  this  act  is  a  supple- 
ment, shall  certify  to  the  assessor  and  collector  of  such 
township  the  amount  of  money  fixed  and  determined 
by  the  Board  of  School  Estimate  as  necessary  to  be 
appropriated  for  the  use  of  the  public  schools  in  such 
township  for  the  ensuing  school  year,  exclusive  of  the 
amount  apportioned  to  it  by  the  County  Superintendent 
of    Schools,    and   the   said   amount   shall   be   assessed, 
levied  and  collected  in  the  same  manner  as  moneys 
appropriated  for  other  purposes  in  such  township  shall 

(a)  A  resolution  of  a  board  of  school  estimate  fixing  and  determining  the 
amount  of  money  necessary  for  the  erection  of  a  school  house  at  the  sum  of 
$175.000,  "on  the  condition  that  a  school  building  containing  twenty  units 
shall  be  erected,"  is  not  such  a  determination  as  is  required  by  section  76. 
Board  of  Education  of  Montclair  v.  Town  Council  of  Montclair,  47  Vr.  59. 

Under  section  76  of  the  School  law,  when  the  board  of  school  estimate 
has  fixed  and  determined  the  amount  necessary  for  the  purchase  of  land 
and  erection  of  a  school-house,  it  is  mandatory  upon  the  body  having  the 
power  to  make  appropriations  of  money  raised  by  tax,  to  cause  the  amount 
to  be  raised  by  tax,  or  to  borrow  the  same  and  secure  its  repayment  by  the 
issue  of  bonds.  Montclair  v.  State  Superintendent,  48  Vr.  68. 

When  the  body  having  power  to  make  appropriations  of  money  raised 
by  tax  fails  to  provide  for  the  amount  fixed  and  determined  by  the  board 
of  school  estimate,  a  controversy  has  arisen  under  the  school  laws,  and 
the  remedies  by  appeal  to  the  State  Superintendent  of  Public  Instruction 
and  the  State  Board  of  Education  must  be  exhausted  before  recourse  is  had 
to  the  courts.  Ibid. 


SCHOOL  LAW.  39 

be  assessed,  levied  and  collected;  provided,  that  any   proviso, 
amount  in  excess  of  three-fourths  of  one  per  centum 
of  the  taxable  valuation  of  the  real  and  personal  prop- 
erty shall  be  assessed,  levied  and  collected  only  with  the 
concurrence  and  consent  of  the  township  committee. 

85.  (3.)  The  township  committee  of  such  township, 
upon  the  receipt  of  the  certificate  as  provided  in  section 
seventy-six  of  the  act  to  which  this  act  is  a  supplement, 
may  certify  to  the  assessor  and  collector  of  such  town-  schooi°f 
ship  the  sum  or  sums  fixed  and  determined  by  the  Board  ibid?8 ' 
of  School  Estimate  for  the  purposes  named  in  said 
section,  and  the  sum  or  sums  so  certified  shall  be 
assessed,  levied  and  collected  at  the  same  time  and  in 
the  same  manner  as  moneys  appropriated  for  other  pur- 
poses in  said  township  are  assessed,  levied  and  collected ; 
or  such  township  committee  may  borrow  such  sum  or 
sums  and  may  secure  the  repayment  of  the  sum  or  sums 
so  borrowed,  together  with  interest  thereon  at  a  rate  not 
to  exceed  five  per  centum)  per  annum,  by  the  issue  of 
bonds  in  the  corporate  name  of  the  township  in  the 
manner  and  subject  to  the  limitations  as  provided  in 
said  section.  Such  township  committee  shall  annually 
certify  to  the  assessor  and  collector  of  such  township 
the  amount  of  money  necessary  to  pay  the  principal  and 
interest  on  bonds  falling  due  during  the  ensuing  year, 
and  the  amount  so  certified  shall  be  assessed,  levied  and 
collected  at  the  same  time  and  in  the  same  manner  as 
moneys  for  other  purposes  in  such  township  are  assessed, 
levied  and  collected. 

ARTICLE  VII. 

TOWNSHIP,  INCORPORATED  TOWN  AND  BOROUGH  SCHOOL 
DISTRICTS. 

86-   (77-)   In  each  township,  incorporated  town  and   Boards  of 
borough  school  district,  there  shall  be  a  board  of  educa-  t™  chosen. 

P.  Iv.    1903, 

tion  consisting  of  nine  members,  except  as  hereinafter  Spe9ial 


SCHOOL  LAW. 


Vacancy. 


Number  of 
trustees  may 
be  reduced. 
P.  L.  1904, 
Chap.  28. 


If  number 
to  be  five. 


If  number 
to  be  three. 


provided;  three  members  of  such  board  shall  be  chosen 
at  each  annual  school  meeting  and  shall  hold  office  for 
the  term  of  three  years.  In  case  there  shall  be  a  vacancy 
in  a  board  of  education,  such  vacancy  shall  be  filled  at 
the  next  annual  meeting  after  such  vacancy  occurs,  and 
the  person  elected  to  fill  such  vacancy  shall  be  elected  for 
the  unexpired  term  only. 

87.  (78.)  If  the  board  of  education  in  any  school  dis- 
trict created  under  thfc  provisions  of  this  article  shall 
deem  it  for  the  best  interests  of  the  schools  that  the  num- 
ber of  members  constituting  said  board  shall  be  reduced, 
the  district  clerk,  when  directed  by  said  board,  shall  in- 
sert in  the  call  for  the  next  annual  school  meeting  a 
notice  that  it  will  be  determined  at  said  meeting  whether 
the  number  of  members  of  the  board  o<f  education  shall 
be  reduced  to  five  or  three.  If  it  shall  be  determined  at 
said  meeting  to  reduce  the  number  of  members  of  said 
board  to  either  five  or  three,  the  members  of  said  board 
then  in  office  shall  continue  in  office  for  the  terms  for 
which  they  were  severally  elected,  and  their  successors 
shall  be  elected  in  the  manner  following: 

I.  If  it  shall  be  determined  at  said  meeting  that  the 
number  of  members  of  the  board  of  education  shall  be 
reduced  to  five,  no  election  for  members  of  said  board 
shall  be  held  at  said  meeting.    At  the  next  annual  school 
meeting  two  members  of  said  board  shall  be  elected  for 
the  term  of  three  years,  and  at  the  second  annual  school 
meeting  held  after  the  meeting  at  which  it  was  deter- 
mined to  reduce  the  number  of  members  of  the  board  of 
education  to  five,  two  members  of  said  board  shall  be 
elected  for  the  term  of  three  years  and  one  for  the  term 
of  one  year,  and  thereafter  there  shall  be  elected  at  each 
annual  school  meeting  a  member  or  members  of  said 
board,  in  the  place  of  those  whose  terms  shall  have  ex- 
pired, who  shall  hold  office  for  the  term  of  three  years. 

II.  If  it  shall  be  determined  at  said  meeting  that  the 
number  of  members  of  the  board  of  education  shall  be 


SCHOOL  LAW.  41 

reduced  to  three,  no  election  for  members  of  said  board 
shall  be  held  until  the  second  annual  school  meeting  held 
after  the  meeting  at  which  it  was  determined  to  reduce 
the  number  of  members  of  the  board  to  three.  At  such 
second  annual  school  meeting  there  shall  be  elected  three 
members  of  said  board  to  serve  for  one,  two  and  three 
years  respectively,  and  thereafter  one  member  of  said 
board  shall  be  elected  at  each  annual  school  meeting,  in 
the  place  of  the  member  whose  term  shall  have  expired, 
who  shall  hold  office  for  the  term  of  three  years. 

Whenever  a  new  township,  incorporated  town  or 
borough  school  district  shall  be  created,  there  shall  be 
held,  at  the  ensuing  annual  school  meeting,  an  election 
for  members  of  the  board  of  education.  Before  pro- 
ceeding to  ballot  for  such  members  of  the  board  of  edu- 
cation the  legal  voters  present  shall  determine  whether 
the  board  of  education  shall  consist  of  three,  five  or  nine 
members.  If  it  shall  be  determined  that  the  board  shall 
consist  of  three  members,  then  said  legal  voters  shall 
elect  one  member  to  serve  for  the  term  of  one  year,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  three 
years.  If  it  shall  be  determined  that  the  said  board  shall 
consist  of  five  members,  the  said  legal  voters  shall  elect 
one  member  to  serve  for  the  term  of  one  year,  two  for 
the  term  of  two  years,  and  two  for  the  term  of  three 
years.  If  it  shall  be  determined  that  said  board  shall 
consist  of  nine  members,  said  legal  voters  shall  elect 
three  members  to  serve  for  the  term  of  one  year,  three 
for  the  term  of  two  years,  and  three  for  the  term  of 
three  years.  Annually  thereafter  there  shall  be  elected  a 
person  or  persons  for  the  term  of  three  years  in  the  place 
of  the  member  or  members  whose  terms  shall  have  ex- 
pired. 

88.  (79.)  An  annual  meeting  for  the  election  of  mem- 
bers  of  the  board  of  education  shall  be  held  in  each  town-  meeting. 

f.  L,.  1903, 

ship,  incorporated  town  or  borough  school  district  on  the 
third  Tuesday  in  March  at  a  schoolhouse  or  such  other 
convenient  public  place  within  the  district  as  may  be 


SCHOOL  LAW. 


Notices. 


Penalty  for 
failure  to 
post  notices. 


Election  by 

ballot. 

Ibid. 


Election, 

how 

conducted. 


Report  of 
election  and 
ballots  to  be 
deposited 
with  county 
superintend- 
ent. 


selected  by  the  Board  of  Education.  Not  less  than  seven 
notices  of  such  meeting,  specifying  the  day,  time,  object 
and  place  thereof,  shall  be  posted  by  the  district  clerk  at 
least  ten  days  before  the  date  of  such  meeting;  one  of 
such  notices  shall  be  posted  on  each  schoolhouse  within 
the  district,  and  at  such  other  public  places  therein  as 
the  Board  of  Education  of  said  district  shall  direct. 
Any  district  clerk  who  shall  fail  to  post  notices  calling- 
said  annual  meeting  as  required  by  this  section  shall  pay 
a  fine  of  twenty  dollars,  to  be  recovered  in  a  court  for 
the  trial  of  small  causes  by  any  resident  of  said  school 
district.  A  plurality  of  the  votes  cast  shall  be  sufficient 
to  elect  a  member  of  a  board  of  education,  (a) 

89.  (80.)  All  elections  for  members  of  such  board  of 
education  shall  be  by  ballot.  The  polls  for  such  election 
shall  remain  open  one  hour  and  as  much  longer  as  may 
be  necessary  to  enable  the  legal  voters  present  to  cast 
their  ballots.  Said  ballots  may  be  printed  or  written,  or 
partly  printed  and  partly  written.  In  case  a  member  of 
a  board  of  education  is  to  be  elected  for  a  full  term, 
and  a  member  is  to  be  elected  to  fill  an  unexpired  term, 
the  ballots  shall  designate  which  of  the  persons  voted 
for  is  to  be  elected  for  the  full  term,  and  which  for  the 
unexpired  term.  The  chairman  of  the  meeting  shall 
appoint  two  tellers,  who  shall  receive  and  count  the 
ballots  in  his  presence,  and  said  chairman  shall  announce 
the  result  of  such  election.  The  secretary  of  the  meet- 
ing shall  keep  a  poll-list  and  record  therein  the  name 
of  each  person  voting  at  such  election,  and  shall  also 
keep  a  tally-sheet  of  the  votes  as  counted  by  the  tellers. 
The  tally-sheet  shall  be  signed  by  the  chairman  and 
tellers,  and  said  tally-sheet,  poll-list  and  ballots  shall  be 
placed  by  the  secretary  in  a  sealed  package  indorsed 
with  the  name  of  the  district,  the  name  of  the  county 


(a)  School  trustees  are  officers  within  article  2,  paragraph  i  of  the  con- 
stitution, so  that,  if  they  are  made  elective  by  the  people,  only  male  citizens 
can  vote  for  them.  State  v.  Deshler,  i  Dutcher  177;  Kimball  v.  Hendee, 
28  Vr.  307. 


SCHOOL  LAW.  43 

in  which  said  district  shall  be  situate,  and  the  date  on 
which  said  election  shall  have  been  held,  and  said  pack- 
age, together  with  a  statement  of  the  result  of  said  elec- 
tion signed  by  the  chairman  and  secretary,  shall  be,  by 
said  secretary,  forwarded  to  the  County  Superintendent 
of  Schools  within  five  days  after  the  date  of  such  elec- 
tion and  the  same  shall  be  preserved  for  one  year. 

90.  (8  1.)   At  any  annual  meeting  when  the  question 
of  raising  a  tax,  the  issuing  of  bonds,  or  the  establishing 
of  a  union  graded  school  is  to  be  voted  on,  two  ballot- 
boxes  shall  be  provided,  and  two  tellers  shall  be  ap- 
pointed for  each  box.     One  of  said  boxes  shall  be  used 
to  receive  the  ballots  for  members  of  the  board  of  edu- 
cation and  the  other  to  receive  the  ballots  for  the  other 
objects  enumerated  in  this  section. 

91.  (82.)   Every  male  citizen  of  the  United  States 

who  shall  have  the  qualifications  required  for  electors  for  meetings. 
the  General  Assembly  of  the  State  of  Nbw  Jersey,  shall 
have  the  right  to  vote  at  such  meeting.  Every  female 
citizen  of  the  United  States  of  the  age  of  twenty-one 
years  and  possessing  the  qualifications  respecting  resi- 
dence required  of  male  voters,  shall  have  the  right  to 
vote  at  any  annual  or  special  school  meeting  of  the  legal 
voters  of  said  school  district  for  any  purpose  other  than 
the  election  of  members  of  the  board  of  education.  (a) 

92.  (83.)   A  member  of  a  board  of  education  shall  be 


a  citizen  and  resident  of  the  territory  contained  in  said  education.* 
school  district,  and  shall  have  been  such  citizen  and  resi- 
dent for  at  least  three  years  immediately  preceding  his 
or  her  becoming  a  member  of  such  board,  and  shall  be 
able  to  read  and  write.  He  shall  not  be  interested,  di- 
rectly or  indirectly,  in  any  contract  with  nor  claim 
against  said  board. 

93.  (84.)  Each  board  of  education  elected  as  provided  name°rate 
in  this  article  shall  be  a  body  corporate,  and  shall  be 

(a)  Women  may  vote  at  school  meetings  for  all  purposes  except  the  elec- 
tion of  officers.  Landis  v.  School  District,  &c.t  28  Vr.  509;  Chamberlain  v. 
Cranbury,  28  Vr.  605.  See  foot-note  to  section  88. 


44 


SCHOOL  LAW. 


Title  to 
property 
vested  in 
school 
board. 


Organization 

of  school 

board. 

P.  L.  1907, 

p.  283. 


Failure  to 
organize. 


Vacancies. 


Oath. 


known  as  and  called  "the  Board  of  Education  of  the 
(township,  town  or  borough,  as  the  case  may  be)  of 

,  in  the  county  of "    The  title 

to  school  property,  real  and  personal,  previously  acquired 
by  a  school  district  acting  under  the  provisions  of  this 
article,  or  by  any  school  district,  board  of  education, 
school  trustees  or  other  body  heretofore  having  charge 
and  control  of  the  public  schools  situate  in  the  territory 
now  contained  in  such  school  district,  or  in  any  part 
thereof,  and  the  title  to  all  lands,  buildings  and  other 
property  hereafter  acquired  for  school  purposes  in  said 
school  district  shall  vest  in  the  board  of  education  incor- 
porated under  the  provisions  of  this  section,  (a) 

94.  (85.)  Each  board  of  education  created  under  the 
provisions  of  this  article  shall  organize  annually  on  the 
first  Monday  in  April  by  the  election  of  one  of  its  mem- 
bers as  president  and  another  as  vice-president.  A 
president  or  vice-president  who  refuses  to  perform  any 
duty  imposed  upon  him  by  this  act  may  be  removed  by 
the  majority  vote  of  all  the  members  of  the  board.  If 
said  board  shall  fail  to  organize  on  said  day,  the  County 
Superintendent  of  Schools  shall  appoint,  from  among 
said  members,  a  president  and  a  vice-president.  In  case 
the  office  of  president  or  vice-president  shall  become 
vacant,  the  Board  of  Education  shall,  within  thirty  days 
thereafter,  fill  such  vacancy  for  the  unexpired  term; 
and  if  it  shall  fail  to  fill  said  vacancy  within  the  said 
thirty  days,  the  County  Superintendent  of  Schools  shall 
fill  such  vacancy  for  the  unexpired  term.  A  member  of 
such  board  of  education  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  an  oath,  before 
any  officer  authorized  by  law  to  administer  oaths,  thai 
he  possesses  the  qualifications  to  be  a  member  of  said 
board  prescribed  therefor  in  this  article,  and  that  he 


(a)  A  certiorari  is  not  properly  used  to  bring  up  the  certificate  of  the 
name,  &c.,  of  a  school  district  to  enable  the  court  to  decide  on  the  legal 
existence  of  such  corporation.  State  v.  Van  Winkle,  i  Dutcher  73;  State  v. 
Donahay,  i  Vr.  404;  State  v.  Brown,  2  Vr.  355. 


SCHOOL  LAW. 


45 


will  faithfully  discharge  the  duties  of  his  said  office. 
Said  oath  shall  be  filed  with  the  district  clerk  of  said 
board,  (a) 

95.    (86.)   The  Board  of  Education  shall  have  power : 

I.  To  appoint  a  person  to  fill  a  vacancy  in  the  Board 
of  Education,  except  a  vacancy  caused  by  a  failure  to 
elect,  but  the  person  so  appointed  shall  serve  only  until 
the  next  election  for  members  of  the  Board  of  Educa- 
tion, (b) 

II.  To  employ  and  dismiss  principals,  teachers,  jani- 
tors, mechanics  and  laborers,  and  to  fix,  alter  and  order 
paid  their  salaries  and  compensation,  (c) 

III.  To  make,  amend  and  repeal  rules,  regulations  and 
by-laws,  not  inconsistent  with  this  act  or  with  the  rules 
and  regulations  of  the  State  Board  of  Education,  for  its 
own  government,  for  the  transaction  of  business,  and 
for   the   government   and   management   of   the   public 
schools  and  the  public  school  property  in  said  district, 
and  also  for  the  employment  and  discharge  of  principals 
and  teachers,  (c) 

IV.  To  purchase,  sell  and  improve  school  grounds ;  to 
erect,  lease,  enlarge,  improve,  repair  or  furnish  school 
buildings,  and  to  borrow  money  therefor  with  or  without 
mortgage;  (d)  provided,  that  for  any  such  act  it  shall 

(a)  When  a  person  who  is  elected  to  an  office  is  required,  before  entering 
upon  the  discharge  of  the  duties  thereof,  to  take  and  subscribe  an  oath  of  a 
specified  form,  the  taking  of  the  oath  essentially  in  that  form  is  a  condition 
precedent  to  his  complete  investiture  into  the  office,  and,  in  contemplation  of 
law,  is  just  as  much  a  requisite  to  its  enjoyment  as  the  election  itself.  Hayter 
v.  Benner,  38  Vr.  359. 

(fe)  The  office  of  trustee  is  not  vacated  by  an  unaccepted  resignation. 
Townsend  v.  School  Trustees,  &c.,  12  Vr.  312. 

The  general  rule  applicable  to  all  public  offices  is  that  a  resignation  of  office 
does  not  become  complete  until  presented  to  the  proper  authority  and  accepted 
by  it.  In  the  absence  of  any  specific  rule  prescribing  to  what  authority  a 
resignation  must  be  presented,  the  proper  authority  to  accept  a  resignation  is 
that  which  has  power  to  fill  the  vacancy.  Fryer  v.  Norton,  38  Vr.  537. 

(c)  See  sections  7,  div.  VII,  116,   126,   140,  253,  286,  287,  288  and  289. 

(d)  A   board   of   education   in   seeking   proposals    for    a   contract   to    supply 
school    furniture    may    lawfully    delegate    to    a    committee    of    its    body    the 
duty   of   preparing  and   submitting   the   specifications    for   such    purpose,    and 
of    conducting    negotiations    for    the    contract;     provided    the    proposals    and 
the   result   of   the   negotiations   are   first    reported   to   and  considered   by   the 
board  before  final  action  in  awarding  the  contract.     Kraft  v.  Board  of  Edu~ 
cation,  38  Vr.  512. 


Powers  of 
district 
boards. 
Appointment 
to  fill  vacancy 
(see  section 
30.  division 
IV.). 


Employ 
teachers,  etc. 


Make  rules. 


Purchase, 
sell  or  lease 
school-houses. 


Proviso. 


46 


SCHOOL  LAW. 


Condemn 
land  for 
school 
purposes. 


Proviso. 


Insure  school 
property. 


Select  text- 
books and 
prescribe 
course  of 
study. 


Expel  pupils. 

Provide 
text-books. 


Call  special 
meetings  of 
legal  voters. 


have  the  previous  authority  of  a  vote  of  the  legal  voters 
of  the  district. 

V.  To  take  and  condemn  land  and  other  property  for 
school  purposes  in  the  manner  provided  by  law  regulat- 
ing the  ascertainment  and  payment  of  compensation  for 
property  condemned  and  taken  for  public  use.    If  either 
party  shall  feel  aggrieved  by  any  proceedings  and  award 
thereunder,  said  party  may  appeal  in  the  manner  pro- 
vided by  law  for  appeals  from  such  proceedings  and 
award ;  provided,  that  before  beginning  any  proceedings 
for  taking  and  condemning  land  and  other  property,  the 
Board  of  Education  shall  have  the  authority  of  a  vote 
of  the  legal  voters  of  the  district  (a) 

VI.  To  insure  school  buildings,  furniture  and  other 
school  property,  and  to  receive,  lease  and  hold  in  trust 
for  the  district  any  and  all  real  or  personal  property  for 
the  benefit  of  the  schools  thereof. 

VII.  To  enforce  the  rules  and  regulations  prescribed 
by  the  State  Board  of  Education,  select  the  text-books, 
and,  in  connection  with  the  County  Superintendent  of 
Schools,  to  prescribe  the  course  of  study  to  be  pursued 
in  the  school  or  schools  under  its  charge. 

VIII.  To  suspend  or  expel  pupils  from  school. 

IX.  To  provide  text-books  and  other  necessary  school 
supplies. 

X.  To  call  a  special  meeting  of  the  legal  voters  of  the 
district  at  any  time  when  in  its  judgment  the  interests 
of  the  school  require  it,  or  whenever  fifty  of  such  legal 
voters  shall  request  it  by  petition  so  to  do.    In  the  notices 
of  any  special  meeting,  called  upon  petition  as  aforesaid, 
shall  be  inserted  the  purposes  named  in  said  petition  so 
far  as  the  same  are  not  in  conflict  with  the  provisions  of 
this  act.     No  business  shall  be  transacted  at  any  special 
meeting  except  as  shall  have  been  set  forth  in  the  notices 
by  which  said  meeting  was  called.     Special  meetings 

(a)  A  vote  of  a  majority  of  legal  voters  authorizing  a  board  of  education 
to  purchase  school  grounds,  does  not  empower  the  board  to  condemn  land 
for  school  purposes.  Fuller  v.  Chatham,  49  Vr.  107. 


SCHOOL  LAW.  47 

shall  be  called  in  the  manner  provided  for  calling  the 
annual  meetings,  (a) 

XL  To  permit  a  schoolhouse  to  be  used  for  other  use  of  school- 

house  for 

than    school   purposes   when   the   board   shall   consent  |£hrproses 
thereto. 

XII.  To  adopt  an  official  seal  by  which  all  its  official   Seal, 
acts  may  be  authenticated. 

XIII.  To  make  an  annual  report  to  the  County  Super-  ^p™*1 
intendent   of   Schools  on   or  before  the   first   day   of 
August  in  the  manner  and  form  prescribed  by  the  Com- 
missioner of  Education. 

XIV.  To  borrow,  after  the  first  day  of  July  and  be-  £0"™ 
fore  the  first  day  of  January,  a  sum  not  exceeding  one- 
half  of  the  amount  appropriated  for  the  current  expenses 

of  the  schools  and  for  the  repair  of  schoolhouses  under 
its  control,  and  to  execute  and  deliver  promissory  notes 
therefor,  and  to  pay  the  amount  so  borrowed,  together 
with  interest  thereon,  at  a  rate  not  exceeding  six  per 
centum  per  annum.  (&) 

96.  (87.)  A  board  of  education  may,  under  such  rules   sMP^vjJinK 
and  regulations  as  shall  be  prescribed  by  the  State  Board  j^-  1909, 
of  Education,  appoint  a  suitable  person  as  Supervising 
Principal  of  Schools,  define  his  duties  and  fix  his  salary ; 
provided,  that  no  person  shall  be  appointed  Supervising  Proviso. 
Principal  unless  he  or  she  shall  hold  either  a  State  or 
first-grade    county    certificate    (and    provided    further 
that),  nor  until  the  necessity  for  the  appointment  of  a 

(a)  i.  Special    meetings    of    the    voters    must    be    called    by    the    board    of 
trustees  regularly  convened.     Bogert  v.   Trustees,  &c.,   14  Vr.  358. 

2.  Notices  of  a  special  school  meeting  to  raise  special  school  taxes  should 
be  put  up  at  least  ten  days  before  the  time  of  meeting.     Davis  v.  Rapp,   14 
Vr.  594;     Canda  Manufacturing  Co.  v.    Woodbridge,   29   Vr.    134. 

3.  A  special  meeting  of  the  legal   voters  of  a  school  district,   duly  called, 
may  vote  to   raise  money   for   school   purposes,    although    such   appropriation 
has  been  refused  at  the  annual  meeting.     State  v.  Lewis,  6  Vr.  377;    Stanton 
v.  Board  of  Education,   39   Vr.  496. 

4.  A  special  meeting  of  a  school  district  can  vote  to  raise  money  to  build 
a  school-house,  although  a  similar  proposition  had  been  rejected  at  a  previous 
special  meeting  held  in  the  same  year.     Stackhouse  v.   Clark,  23   Vr.   291. 

5.  A  notice  that  the  object   of  the  meeting  is   to  purchase  a  school-house 
will  not  warrant  a  resolution  to  pay  for  a  school-house  already  built.     Lamb 
v.  Hurff,  9  Vr.  310. 

(b)  See  section  294. 


48 


SCHOOL  LAW. 


Minimum 
salary. 


Joint  district 
supervisor. 


Majority 
vote  required 
in  certain 


P.  L.  1903, 
Special 


Regular 
meetings. 


Itemized  bills. 

Ibid. 


Supervising  Principal  shall  have  been  authorized  in 
writing  by  the  County  Superintendent  of  Schools,  and 
approved  by  the  Commissioner  on  Education  and  the 
State  Board  of  Education.  The  County  Superintendent 
of  Schools  in  making  his  annual  apportionment  of  school 
moneys  shall  not  apportion  the  amount  allowed  by  law 
for  a  Supervising  Principal  unless  the  salary  paid  to 
such  Supervising  Principal  shall  amount,  at  least,  to 
the  sum  of  one  thousand  dollars  per  annum.  The  boards 
of  education  of  two  or  more  districts  may  unite  in  em- 
ploying a  Supervising  Principal.  The  terms  of  all  Su- 
pervising Principals  now  in  office  shall  end  on  June 
thirtieth  next  after  the  passage  of  this  act,  and  none 
shall  hereafter  be  appointed  except  in  the  manner  pro- 
vided by  this  act.  (a) 

97.  (88.)   No  principal  or  teacher  shall  be  appointed, 
transferred  or  dismissed,  nor  the  amount  of  his  salary 
fixed;  no  school  term  shall  be  determined,  nor  shall  any 
course  of  study  be  adopted  or  altered,  nor  text-books 
selected,  except  by  a  majority  vote  of  the  whole  number 
of  members  of  the  Board  of  Education. (b) 

98.  (89.)   The  Board  of  Education  of  every  school 
district  elected  under  the  provisions  of  this  article  shall 
meet  for  the  transaction  of  business  at  least  once  in  two 
months  during  the  period  that  the  schools  in  said  dis- 
trict shall  be  in  session.     No  contract  shall  be  entered 
into  by  a  board  of  education,  nor  shall  any  bill  or  de- 
mand for  money  against  said  board  be  paid  until  the 
same  shall  have  been  presented  and  passed  on  at  a 
regularly  called  meeting  of  the  board. 

99.  (90.)  It  shall  be  unlawful  for  any  board  of  educa- 
tion to  order  paid  out  of  the  school  moneys  under  its  con- 
trol any  money  for  school  supplies,  books,  maps,  charts, 
globes,  fuel,  erecting,  enlarging,  repairing,  furnishing 
or  improving  school  buildings  and  grounds,  unless  the 


(a)   See  section  3,  div.  IX. 

(&)    See  foot-note  to  sections  116  and  126. 


SCHOOL  LAW.  49 

person  claiming  said  money  shall  first  present  to  said 
board  an  itemized  bill  showing  the  name  of  the  person 
to  whom  the  amount  of  such  bill  is  due;  provided,  that  Proviso, 
the  district  clerk,  whenever  authorized  by  said  board, 
may  purchase  such  supplies  for  the  school  or  schools 
under  its  control,  and  shall  present  an  itemized  bill  of 
the  same  with  his  affidavit  attached,  which  bill  shall  be 
acted  on  and  paid  as  other  bills  are  paid.  Every  person 
presenting  any  such  bill  exceeding  in  amount  the  sum 
of  five  dollars,  shall  make  an  affidavit  that  the  goods  or 
services  itemized  in  said  bill  have  been  delivered  or  ren- 
dered, and  that  no  bonus  nor  reward  has  been  given  or 
received  by  any  person  with  the  knowledge  of  the 
deponent  in  connection  with  the  claim,  and  that  said 
bill  is  correct  and  true.  The  district  clerk  is  hereby 
authorized  to  take  said  affidavit  without  cost. 

100.  (91.)  Every  board  of  education  organized  un- 
der  the  provisions  of  this  article  shall,  by  the  majority 
vote  of  all  the  members  of  such  board,  appoint  a  district 
clerk,  who  may  be  elected  from  among  said  members, 
and  shall  fix  his  compensation  and  term  of  employment. 
Said  district  clerk,  as  such,  may  be  removed  by  a  ma- 
jority vote  of  all  the  members  of  said  board.  He  shall,  Bond- 
before  entering  upon  the  duties  of  his  office,  execute 
and  deliver  to  said  board  a  bond  in  a  sum  to  be  fixed  by 
said  board,  with  surety  or  sureties  to  be  approved  by 
said  board,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office.  Said  board  may  accept  the  bond 
or  undertaking  of  a  trust  company,  or  surety  or  indem- 
nity company,  and  may  pay  the  annual  premium  or  fee 
therefor  as  a  current  expense  of  said  board.  He  shall 
record  in  a  suitable  book  all  proceedings  of  the  Board 
of  Education,  of  the  annual  school  meetings  and  of 
special  school  meetings.  He  shall  pay  out  by  orders 
on  the  custodian  of  the  school  moneys  of  the  school 
district,  and  in  the  manner  prescribed  by  law,  all  school 
moneys  of  the  district.  He  shall  keep  a  correct  and 
detailed  account  of  all  the  expenditures  of  school 
4  s  L 


SCHOOL  LAW. 


Annual 
report. 


Further 
duties. 


When  balance 
salary  paid. 


Member 
removed  for 
non-attend- 
ance. 

P.  L.  1903, 
Special 
session. 


Semi-annual 
meetings  of 
boards  of 
education. 
Ibid. 


moneys  in  the  district,  and  shall  report  to  the  board  at 
each  regular  meeting  the  amount  for  which  warrants 
shall  have  been  drawn  since  the  date  of  his  last  report, 
the  accounts  against  which  said  warrants  shall  have 
been  drawn,  and  the  balance  to  the  credit  of  each  ac- 
count. At  each  annual  school  meeting  he  shall  present 
his  record  books  and  his  accounts  for  public  inspection, 
and  shall  make  a  statement  of  the  financial  condition  of 
the  district.  He  shall  post  notices  of  the  annual  and  of 
any  special  meeting  of  the  legal  voters,  and  shall  insert 
in  said  notices  the  object  or  objects  for  which  said 
meeting  shall  be  called;  shall  notify  all  members  of  the 
Board  of  Education  of  all  regular  and  special  meetings 
of  the  board,  and  during  the  month  of  July  in  each 
year  he  shall  present  to  the  Board  of  Education  a  de- 
tailed report  of  the  financial  transactions  of  the  board 
during  the  preceding  school  year,  and  file  a  copy 
thereof  with  the  County  Superintendent  of  Schools. 
The  warrant  or  order  for  the  balance  of  salary  due  a 
district  clerk  at  the  close  of  the  school  year  shall  not  be 
delivered  to  him  until  written  notice  has  been  received 
from  the  County  Superintendent  that  such  district  clerk 
has  filed  with  him  such  annual  report,  (a) 

101.  (92.)   A  member  of  a  board  of  education  elected 
under  the  provisions  of  this  article  who  shall  fail  to 
attend  three  consecutive  regular  meetings  of  said  board, 
without  good  cause,  may  be  removed  by  said  board,  and 
the  vacancy  thus  created  shall  be  filled  in  the  same  man- 
ner as  other  vacancies  in  the  Board  of  Education  shall 
be  filled. 

102.  (93.)    The  boards  of  education  in  the  several 
school  districts  in  each  county  organized  under  the  pro- 
Co)   i.  An  order  of  the  district  clerk  which  specifies  the  object  for  which 

it  was  given,  without  any  designation  of  the  yearly  taxes  out  of  which  it 
shall  be  payable,  is  a  sufficient  voucher  for  the  township  collector.  Zimmer- 
man v.  Mathe,  20  Vr.  45. 

2.  The  township  collector  paying  out  school  moneys  on  statutory  orders  is 
not  responsible  for  the  application  the  school  trustees  have  made  of  the  money. 
Ibid. 


SCHOOL  LAW.  51 

visions  of  this  article,  shall  meet  together  semi-annually 
at  such  time  and  places  as  the  County  Superintendent  of 
Schools  shall  appoint.  , 

103.  (94.)   A  board  of  education  may,  in  its  corpo-  Jji1^*0 
rate  capacity,  sue  and  be  sued,  complain  and  defend  in   lbid- 
any  court  of  law  and  equity,  and  employ  counsel  therefor, 

and  the  amount  of  the  expense  incurred  by  said  board 
in  conducting  or  defending  any  such  suit  shall  be  certi- 
fied to  the  assessor  by  the  president  and  district  clerk  of 
such  board,  and  said  amount  shall  be  assessed  and  col- 
lected in  the  next  annual  tax  levy,  (a) 

104.  (95.)   The  legal  voters  (b)  of  each  township,  in-  ^tn^tax 
corpo  rated  town  or  borough  school  district  may,  at  any  ^ur^°^Sj0 
annual  or  special  meeting  of  said  legal  voters,  by  the  Chap- 242- 
vote  of  a  majority  of  those  present,  raise  by  a  special 
district  tax  such  sum  or  sums  as  a  majority  of  said  legal 

voters  present  at  such  meeting  may  agree  upon  for  any 
or  all  of  the  following  purposes :  To  enable  the  Board  enumerated, 
of  Education  to  purchase  or  take  and  condemn  land  for 
school  purposes;  to  build,  enlarge,  repair  or  furnish  a 
schoolhouse,  or  to  pay  a  debt  incurred  therefor;  for 
industrial  schools,  for  manual  training,  and  for  the 
current  expenses  (c)  of  the  schools,  in  which  term  shall 
be  included  principals',  teachers',  janitors'  and  medical 
inspectors'  salaries,  fuel,  text-books,  school  supplies, 
flags,  transportation  of  pupils,  tuition  of  pupils  attend- 
ing schools  in  other  districts  with  the  consent  of  the 
Board  of  Education,  school  libraries,  compensation  of 
the  district  clerk,  of  the  custodian  of  the  school  moneys 
and  of  truant  officers,  truant  schools,  insurance  and  the 

(a)  i.  An  action  against  a  municipal  corporation  cannot  be  brought  in  the 
court   for   the   trial   of   small   causes.      Princeton   v.    Mount,    5    Dutcher   299; 
Townsend  v.  School  Trustees,  &c.,   12   Vr.   312;    School  Trustees  v.   Stacker, 
13   Vr.    115. 

2.  The  action  must  be  brought  against  the  district  by  its  corporate  name, 
and  not  against  the  trustees  in  theit^idividual  names,  with  the  description 
appended  of  trustees,  &c.  Sproul  v.  Smith,  u  Vr.  314. 

(b)  For   definition  of   "legal   voters"   see   section   91. 

(c)  The   phrase   "current   expenses"    or    "running   expenses"    is   sufficiently 
definite  to  denote  one  of  the  purposes  for  which  a  school  tax  is  to  be  levied. 
Stanton  v.  Board  of  Education,   39   Vr.  496. 


52  SCHOOL  LAW. 

incidental  expenses  of  the  schools.  In  case  any  money 
shall  be  ordered  to  be  raised  by  special  tax,  the  district 
clerk  shall  make  out  and  sign  a  certificate  thereof,  (a) 
under  oath  or  affirmation,  that  the  same  is  correct  and 
true,  and  deliver  the  same  to  the  Board  of  Taxation  of 
the  county  in  which  such  school  district  shall  be  situate, 
on  or  before  the  third  Tuesday  in  August  in  each  year, 
and  shall  send  a  duplicate  of  said  certificate  to  the 
County  Superintendent  of  Schools.  The  assessor  of  any 
taxing  district  shall  assess  on  the  inhabitants  of  the 
school  district  and  their  estates,  and  the  taxable  property 
therein,  in  the  same  manner  as  other  taxes  shall  be 
assessed,  and  the  collector  of  such  taxing  district  shall 
levy  and  collect  such  sum  of  money  as  shall  have  been 
ordered  to  be  raised  by  the  legal  voters  in  the  manner 
aforesaid,  and  shall  pay  the  same  to  the  custodian  of 
the  school  moneys  of  the  school  district  as  is  in  this 
act  provided,  and  for  collecting  said  tax,  said  collector, 
except  such  as  receive  a  salary  in  lieu  of  fees,  shall 
receive  an  amount  equal  to  three-fourths  of  one  per 
centum  of  the  amount  of  said  tax  collected  by  him, 
said  compensation  to  be  paid  by  the  township  com- 

(a)  i.  To  sustain  an  assessment  ordered  by  the  inhabitants  of  a  school  dis- 
trict called  together  for  that  purpose,  the  proof  must  be  clear  that  ten  days' 
legal  notice  of  the  time,  place  and  purpose  of  such  meeting  was  given.  State 
v.  Van  Winkle,  i  Dutcher  73. 

2.  Where  an  assessment  of  a  tax  for  the  purpose  of  building  a  school-house 
is  ordered,   the  sworn  certificate  stating  that  the  notice  of  the  meeting  was 
given   "in  accordance  with  the  act"   is  not  sufficient.     The  certificate  should 
state  what  the  notice  was,  when  and  where  put  up,  and  all  the  facts  necessary 
to  show  that  the  law  has  been  complied  with.     State  v.  Hardcastle,  2  Dutcher 
143;    3  Dutcher  551;    Cochran  v.  Garrabrant,  3  Vr.  444;    Banghart  v.  Sullivan, 
7    Vr.   89;     Trustees,   &c.,   v.   Padden,    15    Vr.    151;     Quaid  v.    Trustees,    &c., 
20   Vr.    607. 

3.  When  a  meeting  of  the  inhabitants  of  a  school  district  is  held  and  money 
voted  to  be  raised  by  taxation  at  a  special  meeting,  the  previous  action  of  the 
trustees  in  calling  the  meeting  should  appear  in  the  certificate  of  the  clerk  to 
the  assessor.     Lamb  v.  Hurff,  9  Vr.  310. 

4.  It  is  essential  to  "ttie  validity  of  the  certificate  of  the  district  clerk  that 
it  set   forth  that   due  notice  has  been   given   of   the   amount  proposed   to   be 
raised  at  the  district  meeting.     It  is  also  necessary  that  it  appear  by  the  cer- 
tificate that  the  meeting  was  ordered  by  the  trustees.      Slack  v.   Palmer,    10 
Vr.  250. 

5.  The  certificate  of  the  district  clerk  must  show  how  the  amount  ordered 
to  be  raised  was  apportioned  by  the  legal  voters.     Corrigan  v.  Duryea,  n   Vr. 
266;    Trustees,  &c.,  v.  Padden,  15   Vr.  151. 


SCHOOL  LAW.  53 

mittee   or   other  governing  body  of   the   municipality 
wherein  said  tax  shall  be  collected.     Said  collector  shall  Jaime  fo.rf 

payment  to 

pay  to  said  custodian,  on  or  before  the  twenty-second  custodian- 
day  of  December  in  each  year,  the  full  amount  of 
said  tax  out  of  any  moneys  in  his  hands,  except  moneys 
received  from  the  County  Collector  on  the  order  of  the 
County  Superintendent  of  Schools ;  provided,  that  when  Proviso, 
there  shall  be  no  funds  in  the  hands  of  said  collector 
available  for  such  purpose,  the  township  committee, 
common  council  or  other  body  having  control  of  the 
finances  of  the  municipality  in  which  such  school  district 
shall  be  situate,  shall  borrow  and  appropriate  a  sum 
sufficient  for  such  purpose ;  provided  further,  that  when  Proviso. 
any  meeting  shall  be  held  as  aforesaid  it  shall  not  be 
lawful  for  such  meeting  to  order  a  greater  sum  of 
money  raised  by  special  tax  than  shall  have  been  men- 
tioned and  designated  in  the  notices  calling  such  meet- 
ing, (a) 

105.    (96.)   At  any  annual  or  special  meeting  when  vote  to  be 
money  shall  be  ordered  raised  for  school  purposes  by  a  py  1^1903, 
special  district  tax  or  by  the  issue  of  bonds,  the  legal  session. 
voters  shall  vote  by  ballot.  The  chairman  of  the  meeting 
shall  appoint  two  tellers,  who  shall  receive  and  count  the 

(a)  i.  Under  the  statutes  of  this  State,  school  districts  are  political  organ- 
izations possessing  the  power  of  taxation.  Landis  v.  School  District,  &c.,  28 
Vr.  509. 

2.  School  taxes  must  be  assessed  upon  the  same  property  and  in  the  same 
manner  as   all  other  taxes.     Roll  v.   Perrine,   5    Vr.   254. 

3.  School  taxes  illegally  assessed  will  be  set  aside  by  certiorari  by  the  per- 
sons aggrieved.     State  v.  Browning,   3  Butcher  527;    4  Dutcher  556. 

4.  The  resolution  passed  at  the  district  meeting  must  direct  the  particular 
purpose  for  which  the  money  is  to  be  raised,  which  must  be  one  of  the  pur- 
poses mentioned  in  the  act  and  must  be  stated  in  the  notices.      If  money  is 
voted   for   more  than   one   purpose,    the   resolution   must   specify   the  amount 
apportioned  to  each.      Cochran  v.   Garrabrant,   3    Vr.  444;     Banghart  v.    Sul- 
livan, 7  Vr.  89;    Corrigan  v.  Duryea,  n   Vr.  266;  Schomp  v.  Cole,  22  Vr.  277. 

5.  A  resolution  to  raise  a  single  sum  for  building  and  furnishing  a  school- 
house  is  not  bad  for  uncertainty,   because  the  amount  to  be  used   for  build- 
ing and  the  amount   for  furnishing  are  not  separately  stated.      Stackhouse  v. 
Clark,   23    Vr.  291. 

6.  A    resolution    to    sell    an    old    school-house    passed    at    the    same    meeting 
that   it   was    resolved   to    raise   money   to    build   a   new   school-house   is   illegal 
because   no   notice   was   given   that   the   former   would   be    a   subject    for   con- 
sideration at  the  meeting.     Ibid. 

7.  See  sections  128  and   129. 


54 


SCHOOL  LAW. 


Election,  how 
conducted. 


Report  to 
county  sti- 
perintendent. 


District  may 
issue  bonds. 
Ibid. 


Description 
of  bonds. 


ballots  in  his  presence.  The  secretary  of  the  meeting 
shall  keep  a  poll-list  and  shall  record  therein  the  name 
of  each  person  voting,  and  shall  also  keep  a  tally-sheet 
of  the  votes  as  counted.  The  tally-sheet  shall  be  signed 
by  the  chairman  and  tellers,  and  said  tally-sheet,  poll-list 
and  ballots  shall  be  placed  by  the  secretary  in  a  sealed 
package,  indorsed  with  the  name  of  the  district,  the  name 
of  the  county  in  which  the  district  shall  be  situate,  and 
the  date  on  which  said  election  shall  have  been  held,  and 
said  package,  together  with  a  statement  of  the  results 
of  such  election,  signed  by  the  chairman  and  secretary, 
shall,  within  five  days  after  the  date  of  said  meeting, 
be  forwarded  by  said  secretary  to  the  County  Superin- 
tendent of  Schools,  and  the  same  shall  be  preserved  by 
him  for  one  year. 

106.  (97.)  The  legal  voters  of  any  township,  incorpo- 
rated town  or  borough  school  district  may,  either  at  the 
annual  meeting  of  said  district,  or  at  a  special  meeting 
thereof  called  for  that  purpose,  by  a  vote  of  the  ma- 
jority of  those  present,  authorize  the  Board  of  Educa- 
tion to  issue  bonds  of  the  district  for  the  purpose  of 
purchasing  or  taking  and  condemning  land  for  school 
purposes,  or  building  a  schoolhouse  or  schoolhouses,  or 
making  additions,  alterations,  repairs  or  improvements 
in  or  upon  any  schoolhouse  and  the  lands  upon  which 
the  same  shall  be  located,  and  of  purchasing  school  fur- 
niture and  other  necessary  equipment.  Such  bonds 
shall  be  issued  in  the  corporate  name  of  the  district,  for 
such  sums  and  in  such  amounts  and  payable  at  such 
times  as  the  legal  voters  so  met  shall  direct,  with  interest 
at  a  rate  not  exceeding  six  per  centum  per  annum,  pay- 
able half-yearly.  Said  bonds  shall  be  signed  by  the 
president  of  the  Board  of  Education  and  attested  by  the 
district  clerk;  shall  bear  the  seal  of  the  district,  and 
shall  have  coupons  attached  for  current  payment  of  in- 
terest, (a)  which  coupons  shall  be  signed  by  the  district 


(a)    See  section   274. 


SCHOOL  LAW.  55 

clerk  and  shall  be  numbered  to  correspond  to  the  several 
bonds  to  which  they  shall  be  severally  attached.  Bonds  Saieof 

*  bonds. 

so  issued  shall  be  numbered  and  a  proper  registry  thereof 
shall  be  kept  by  the  district  clerk.  Such  bonds  may  be 
sold  at  public  or  private  sale  for  the  best  obtainable  price, 
but  not  less  than  par.  (a) 

107.  (98.)  Whenever  bonds  shall  have  been  legally 
issued  by  any  township,  incorporated  town  or  borough  Ibid- 
school  district,  and  the  same  shall  be  due  and  unpaid  or 
outstanding,  the  Board  of  Education  of  such  district, 
when  authorized  so  to  do  by  the  legal  voters  thereof  at 
an  annual  meeting  of  said  district,  or  at  a  special  meet- 
ing thereof  called  to  act  thereon,  shall  have  power  to 
renew  such  outstanding  bonds  or  any  part  thereof  by 
the  issuing  of  new  bonds  for  that  purpose,  in  the  name 
and  under  the  seal  of  said  district.  Such  bonds  shall 
be  in  the  general  form  of  the  bonds  theretofore  issued 
by  said  district,  shall  be  signed  by  the  president  of  the 
Board  of  Education  and  attested  by  the  district  clerk, 
shall  bear  the  seal  of  the  district,  shall  bear  interest  at 
a  rate  not  exceeding  six  per  centum  per  annum,  and 
shall  be  issued  for  such  sums  and  in  such  amounts  and 
payable  at  such  times  as  the  legal  voters  at  such  meeting 
shall  direct.  Such  bonds  shall  have  coupons  attached 
for  current  payment  of  interest, (b)  which  coupons 
shall  be  signed  by  the  district  clerk  and  shall  be  num- 
bered to  correspond  to  the  several  bonds  to  which  they 
shall  be  severally  attached.  Bonds  so  issued  shall  be 
numbered  and  a  proper  registry  thereof  kept  by  said 
district  clerk.  They  may  be  sold  at  public  or  private 
sale  for  the  best  obtainable  price,  but  not  less  than  par. 
and  the  money  realized  from  such  sale  shall  be  applied  to 

(a)  i.  It  is   necessary  that   it   shall  clearly   and   unequivocally  appear  upon 
the  face  of  the  proceedings  for  the  issue  of  bonds  of  a  school  district,  that 
the   bonds   are   to   be   issued   only   for   purposes   which   the   statute    authorizes 
them  to  be  issued  for.      Chamberlain  v.   Cranbury,   29   Vr.   347. 

2.  Bonds  issued  by  school  districts  are  not  mere  mortgages,  but  are  evi- 
dences of  legal  debts  of  the  districts  issuing  them.  McCully  v.  Board  of 
Education,  &c.,  24  Vr.  18. 

(b)  See  sections  128,  129,  275  and  276. 


SCHOOL  LAW. 


Bonds  a  lien 
on  all 

property  in 
districts. 
Ibid. 


Proceedings 
to  be 

approved  by 
attorney- 
general. 


Notice  to 

assess 

Ibid. 


Collection  of 
tax  to  pay 
bonds  and 
interest. 


the  taking  up  and  cancellation  of  such  outstanding 
bonds;  or  said  renewal  bonds  may  be  exchanged  for 
such  outstanding  bonds  on  an  equal  basis  of  principal 
and  interest,  and  the  bonds  so  redeemed  shall  be  forth- 
with cancelled  by  the  Board  of  Education  of  said  dis- 
trict, (a) 

108.  (99.)   Bonds  of  any  school  district  issued  under 
the  provisions  of  this  article  shall  be  a  lien  upon  the  real 
estate  situate  in  said  district,  and  the  personal  estates 
of  the  inhabitants  of  the  said  district,  as  well  as  the 
property  of  said  district,  and  said  estates  and  property, 
shall  be  liable  for  the  payment  of  the  same.    Whenever 
bonds  shall  be  authorized  to  be  issued  by  any  school 
district  as  aforesaid,  the  district  clerk  shall  transmit  cer- 
tified copies  of  the  record  of  the  proceedings  authoriz- 
ing the  issuing  of  such  bonds  to  the  Attorney-General 
for  his  approval  of  the  legality  of  said  proceedings,  and 
duplicate  copies  of  such  record  shall  be  filed  with  the 
Commissioner  of  Education. 

109.  (100.)  Whenever  a  township,  incorporated  town 
or  boro'Ugh  school  district  shall  have  ordered  and  author- 
ized the  issue  of  bonds  and  the  same  shall  have  been 
issued,  the  district  clerk  shall,  each  and  every  year,  issue 
to  the  assessor  of  the  taxing  district  in  which  such  school 
district  shall  be  situate,  an  order  directing  him  to  assess 
upon  the  owners  of  property  in  said  taxing  district  and 
their    estates,    and    the    taxable    property    therein,    an 
amount  sufficient  to  pay  the  bond  or  bonds  maturing 
in  such  year,  together  with  the  interest  accruing  upon  all 
the  unpaid  bonds  of  such  district,  which  order  so  issued 
as  aforesaid  shall  be  duly  executed  by  said  assessor. 
The  moneys  so  assessed  shall  be  levied  and  collected  by 
the  collector  of  said  taxing  district,  who  shall  on  or  be- 
fore the  fifth  day  of  January  next  thereafter,  pay  the  full 
amount  so  ordered  to  be  assessed,  levied  and  collected 
to  the  custodian  of  the  school  moneys  of  said  school  dis- 


(o)    See  sections  275  and  276. 


SCHOOL  LAW.  57 

trict,  who  shall,  upon  the  receipt  of  the  orders  of  the 
Board  of  Education,  signed  by  the  president  and  attested 
by  the  district  clerk  (which  orders  shall  state  at  what 
bank  the  said  principal  and  interest  shall  be  payable), 
deposit  in  such  bank  the  sum  of  money  necessary  to  pay 
the  principal  and  interest  as  they  shall  become  due  and 
payable. 

110.  (101.)   On  the  taking  up  of  outstanding  bonds,   £fag£dtlion 
or  on  the  payment  of  bonds  of  any  township,  incorpo-   Ibld" 
rated  town   or  borough  school  district  the  Board  of 
Education  of  such  district  shall   forthwith  cancel  the 

same,  and  when  so  cancelled  they  shall  be  deposited  in 
the  office  of  the  Commissioner  of  Education. 

111.  (102.)  The  district  clerk  in  any  district  in  which  Report  of 

J  indebtedness 

there  shall  be  any  interest-bearing  school  debt  shall,  on  to  state 

J  supenntenu- 

or  before  the  first  day  of  August  in  each  year,  report  to  gj^ 
the  Commissioner  of  Education  the  amount  of  such 
debt  then  remaining  unpaid,  together  with  the  rate  of 
interest,  the  date  or  dates  on  which  the  bonds,  notes  or 
other  evidences  of  indebtedness  were  issued,  and  the 
date  or  dates  on  which  they  will  fall  due. 

112.  (103.)  Whenever  a  township,  incorporated  town  consolidation 

of  districts. 

or  borough  school  district  shall  desire  to  consolidate  with  ibid. 
an  adjoining  township,  incorporated  town  or  borough 
school  district,  the  Board  of  Education  of  said  district 
shall  petition  the  County  Superintendent  of  Schools  of 
the  county  in  which  said  district  shall  be  situate,  to  ap- 
point a  time  when  meetings  of  the  legal  voters  of  the 
districts  proposed  to  be  consolidated  shall  be  held,  and 
said  County  Superintendent  of  Schools  shall,  upon  re- 
ceiving said  petition,  appoint  a  day  for  said  meetings, 
and  shall  notify  the  Board  of  Education  of  each  of  said 
districts  of  his  action.  Each  Board  of  Education  re- 
ceiving such  notification  shall  cause  its  district  clerk  to 
post  notices  calling  a  special  meeting  of  the  legal  voters 
of  the  district  for  the  purpose  of  voting  on  the  question 
of  the  consolidation  of  said  districts.  Said  meeting 
shall  be  called  in  the  same  manner  as  other  special  meet- 


SCHOOL  LAW. 


Report  to, 
and  action 
by,  county 
superintend- 
ent. 


Board  of 
education  of 
consolidated 
district. 
Ibid. 


Proviso. 


ings  are  called,  and  shall  be  held  on  the  day  designated 
therefor  by  the  County  Superintendent  of  Schools,  at 
such  hour  and  place  as  may  be  determined  by  the  Board 
of  Education.  The  election  shall  be  by  ballot,  and  the 
chairman  shall  appoint  two  tellers,  who  shall  receive 
and  count  the  ballots  in  the  presence  of  the  chairman  of 
the  meeting.  The  secretary  of  the  meeting  shall  keep 
a  poll-list  and  shall  record  therein  the  name  of  each  per- 
son voting  at  such  meeting,  and  shall  also  keep  a  tally- 
sheet  of  the  votes  as  counted  by  the  tellers.  The  tally- 
sheet  shall  be  signed  by  the  chairman  and  tellers,  and 
said  tally-sheet,  poll-list  and  ballots  shall  be  placed  in  a 
sealed  package  by  the  secretary,  indorsed  with  the  name 
of  the  district,  the  name  of  the  county  in  which  said  dis- 
trict shall  be  situate,  and  the  date  on  which  said  election 
shall  have  been  held,  and  said  package,  together  with 
a  statement  of  the  result  of  said  election,  signed  by  the 
chairman  and  secretary,  shall  be,  within  five  days  after 
the  date  of  said  election,  forwarded  by  said  secretary 
to  the  County  Superintendent  of  Schools,  and  the  same 
shall  be  preserved  by  him  for  one  year.  If  the  County 
Superintendent  of  Schools  shall  ascertain  from  said 
statements  that  the  number  of  votes  cast  in  each  of  said 
districts  in  favor  of  consolidation  exceeds  the  number  of 
votes  cast  against  the  same,  he  shall  immediately  notify 
each  of  the  Boards  of  Education  of  the  result  of  said 
election,  and  thereafter  said  districts  shall  constitute  but 
one  district. 

113.  (104.)  The  Board  of  Education  of  each  district 
consolidated  in  the  mtanner  provided  in  the  preceding  sec- 
tion shall,  upon  receipt  of  the  notice  from  the  County 
Superintendent  of  Schools  of  such  consolidation,  select 
by  lot  four  of  its  number  to  serve  as  members  of  the 
Board  of  Education  of  the  consolidated  district,  and 
the  eight  members  so  selected  shall  select  the  ninth 
member  of  said  board  from  among  the  remaining  mem- 
bers of  the  Board  of  Education  of  that  district  which 
shall  employ  the  greater  number  of  teachers ;  provided, 


SCHOOL  LAW.  59 

that  if  the  Board  of  Education  of  one  of  the  districts 
so  consolidated  shall  consist  of  but  three  members,  all 
of  said  members  shall  be  members  of  the  Board  of  Edu- 
cation of  the  consolidated  district,  and  four  members 
of  said  board  shall  be  chosen  as  hereinbefore  provided 
from  the  Board  of  Education  of  the  other  district  so 
consolidated;  and  provided  further,  that  if  each  of  said  Proviso. 
Boards  of  Education  shall  consist  of  three  members 
only,  said  board  shall  constitute  the  Board  of  Education 
of  the  consolidated  district,  and  the  board  constituted 
as  hereinbefore  provided  shall  serve  until  the  next  an- 
nual meeting  for  the  election  of  members  of  Boards  of 
Education,  and  the  terms  of  office  of  the  remaining 
members  of  the  Board  of  Education  of  each  of  said  dis- 
tricts so  consolidated  shall  thereupon  cease  and  deter- 
mine. At  said  annual  meeting  a  Board  of  Education 
shall  be  elected  as  provided  for  the  election  of  members 
of  Boards  of  Education  in  new  township  school  districts. 

114.  (105.)   The  Board  of  Education  of  such  consoli-  J°tTeesrSofand 
dated  district  shall  be  a  body  corporate  and  shall  have  all   iCfd.d' 
the  powers  and  duties  and  be  subject  to  the  same  restric- 

tions as  a  Board  of  Education  in  a  township  school  dis- 
trict, and  shall  be  known  as  and  called  "the  Board  of 
Education  of  the  -  —  of  -  >(here  insert  the 

name  of  the  municipality  in  which  was  situate  that  dis- 
trict consolidated  as  aforesaid  which  had  the  larger 
amount  of  taxable  property  as  ascertained  from  the  last 
published  report  of  the  State  Comptroller),  in  the 
county  of  -  -"(0) 

115.  (i.)  Whenever  in  this  State  any  township,  incor-  ^fcrhicjoted 
porated  town  or  borough  school  district  has  heretofore  p0ric00rnts0olidate 
been  consolidated  with  an  adjoining  township,   incor- 
porated  town  or  borough  school  district,  by  an  election 


of  the  legal  voters  of  said  township,  incorporated  town  P.L.  1904, 

Chap.  11. 

(a)  The  fact  that  the  teacher  was  employed  by  the  trustees  of  a  district 
which  was  subsequently  consolidated  with  another  district  will  not  bar  his 
right  to  recover,  the  new  district  having  become  entitled  to  all  the  property, 
rights  and  assets  of,  and  liable  for  all  just  claims  against  both  districts. 
Sprout  v.  Smith,  u  Vr.  314. 


60  SCHOOL  LAW. 

or  borough  school  districts,  so  that  at  the  time  of  the 
passage  of  the  act  to  which  this  act  is  a  supplement  the 
same  formed  one  combined  or  consolidated  school  dis- 
trict, and  the  legal  voters  of  said  district  have  not,  since 
said  time,  rejected  a  proposition  to  confirm  or  continue 
such  consolidation  at  an  election  called  for  that  pur- 
pose, and  said  district  has  been,  since  the  passage  of 
said  act,  maintained  and  governed  as  one  consolidated 
school  district,  such  district  shall  hereafter  continue  to 
exist  as  a  single  consolidated  school  district  in  the  same 
manner  as  though  the  said  act  had  not  been  passed,  and 
in  the  same  manner  as  though  said  consolidated  school 
district  had  been  erected  by  an  election  of  the  legal 
voters  of  said  district  held  in  pursuance  of  section  one 
hundred  and  three  of  said  act.  (a) 

116.  ( i.)  Where  any  school  district  of  this  State  shall 
prior  to  the  passage  of  the  act  to  which  this  is  a  supple- 
ment, have  issued  bonds  for  the  erection  of  a  graded  or 
high  school  building  therein,  and  at  the  time  of  the 
issuing  of  such  bonds  and  the  erection  of  such  building, 
such  district  shall  have  comprised  the  territory  of  two 
adjoining  municipalities,  the  voters-  of  which  shall  have 
joined  or  participated  in  the  election  authorizing  the 
issue  of  the  bonds  of  such  district  for  such  purpose,  and 
such  district  shall  have  at  the  time  of  the  passage  of  said 
act  been  governed  as  a  consolidated  district,  such  school 
district  shall  continue  to  be  governed  as  a  consolidated 
district  in  the  same  manner  as  though  such  consolidation 
had  been  effected  in  the  manner  provided  by  the  act  to 
which  this  is  a  supplement,  and  the  bonds  so  as  aforesaid 

(a)  i.  The  act  of  March  4th,  1904,  which  declares  certain  consolidated 
school  district  then  existing  de  facto  should  continue  to  exist  as  consolidated 
school  districts,  notwithstanding  provisions  to  the  contrary  in  the  General 
School  law,  is  not  unconstitutional,  even  though  special  and  local,  it  being 
in  effect  an  act  merely  for  establishing  school  districts,  and  not  an  act 
regulating  and  governing  them,  nor  providing  for  the  management  and  sup- 
port of  the  free  public  schools  therein.  Howe  v.  Board  of  Education,  43 
Vr.  158. 

2.  The  legislature  may,  by  special  act,  create  school  districts,  leaving  their 
government  and  the  maintenance  and  support  of  the  public  schools  therein 
to  be  regulated  by  general  laws  enacted  in  that  behalf.  Ibid. 


SCHOOL  LAW.  61 

issued  shall  be  deemed  to  have  been  and  shall  continue 
to  be  a  lien  upon  the  inhabitants  and  property  of  the  mu- 
cipalities  comprising  such  school  district  at  the  time  of 
the  issue  thereof,  notwithstanding  the  passage  of  the 
act  to  which  this  is  a  supplement. 

ARTICLE  VIII. 

TEACHERS. 

117.   (106.)   A  Board  of  Education  may  make  rules   Rules  for 

'  <  J  employment 

and  regulations  governing  the  engagement  and  employ-  °,£  teachers, 
ment  of  teachers  and  principals,  the  terms  and  tenure  of  ^^ 
such  employment,  and  the  promotion  and  dismissal  of 
such  teachers  and  principals,  the  salaries,  and  the  time 
and  mode  of  payment  thereof,  and  may  from  time  to 
time  change,  amend  or  repeal  such  rules  and  regulations. 
The  employment  of  any  teacher  by  such  board,  and  the 
rights  and  duties  of  such  teacher  with  respect  to  such 
employment,  shall  be  dependent  upon  and  shall  be  gov- 
erned by  the  rules  and  regulations  in  force  with  refer- 
ence thereto.  If  a  Board  of  Education  shall  not  have  Contract 

with  teacher. 

made  rules  and  regulations  as  aforesaid,  then  no  con- 
tract between  such  Board  of  Education  and  a  teacher 
shall  be  valid  unless  the  same  be  in  writing,  or  partly 
written  and  partly  printed,  in  triplicate,  signed  by  the 
president  and  district  clerk  or  secretary  of  the  Board 
of  Education  and  by  the  teacher.  One  copy  thereof 
shall  be  filed  with  the  Board  of  Education,  one  copy 
with  the  teacher  and  one  copy  with  the  County  or  City 
Superintendent.  Such  contract  shall  specify  the  date 
when  such  teacher  shall  begin  teaching,  the  kind  and 
grade  of  certificate  held  by  said  teacher,  and  the  date 
when  said  certificate  will  expire,  the  salary,  and  such 
other  matter  as  may  be  necessary  to  a  full  and  complete 
understanding  of  the  same.  In  every  such  contract,  un-  School 
less  otherwise  specified,  a  month  shall  be  construed  and 
taken  to  be  twenty  school  days  or  four  weeks  of  five 


62  SCHOOL  LAW. 

school  days  each.  The  salary  specified  in  every  such 
contract  shall  be  paid  in  equal  monthly  installments,  not 
later  than  five  days  after  the  close  of  each  month  while 
the  school  shall  be  in  session.  Any  contract  or  engage- 
ment between  a  Board  of  Education  and  a  teacher  shall 
cease  and  determine  and  be  of  no  effect  against  said 
board  whenever  said  board  shall  ascertain  by  notice  in 
writing  received  from  the  County  or  City  Superintend- 
ent, or  otherwise,  that  said  teacher  is  not  in  possession  of 
a  proper  teacher's  certificate  in  full  force  and  effect,  not- 
withstanding the  term  or  engagement  for  which  such 
contract  shall  have  been  made  may  not  then  have  ex- 
pired. The  Commissioner  of  Education  shall  prepare 
and  distribute  blanks  for  contracts  between  Boards  of 
Education  and  teachers,  (a) 

118.  (107.)  In  case  the  dismissal  of  any  teacher  be- 
fore the  expiration  of  any  contract  entered  into  between 
such  teacher  and  a  Board  of  Education  shall,  upon  ap- 
peal, be  decided  to  have  been  without  good  cause,  such 
teacher  shall  be  entitled  to  compensation  for  the  full  term 
for  which  said  contract  shall  have  been  made ;  but  it  shall 
be  optional  with  the  Board  of  Education  whether  such 
teacher  shall  or  shall  not  teach  for  the  unexpired 
term.(fr) 

(a)  The  employment  of  teachers  by  school   corporations  is  an  act  judicial 
in   its  character,  and  should  be  done  at  a  meeting  of  the  trustees  of   which 
all  should   have  notice,  and  in  which  all  have  an  opportunity  to   participate. 
Townsend  v.  School  Trustees,   12   Vr.   312. 

(b)  i.  A  school  teacher  who  has  rendered  services  according  to  the  require- 
ments of  the  School  law,  and  is  refused  compensation  out  of  the  fund  specially 
provided   for  that   purpose,   is   entitled   to  a  mandamus  to   compel   the   proper 
officers  to  perform  their  duty,   and  to  make  payment  of  what  is  justly  due. 
Apgar  v.  School  Trustees,  5  Vr.  308. 

2.  In  an  action  brought  by  a  teacher  to  recover  of  the  trustees  of  a  school 
district  for  services  as  a  teacher,  an  objection  that  the  plaintiff  was  not  the 
holder  of  a  proper  teacher's  certificate  in  full  force  and  effect  cannot  be  made 
after  the  evidence  is  closed  and  the  cause  is  being  summed  up.      Sproul  v. 
Smith,   ii   Vr.  314. 

3.  A  school  teacher  who  has  litigated  successfully  before  the  State   Super- 
intendent the  controverted  questions  upon   which   her   right   to   compensation 
depends  is  entitled  to  a  writ  of  mandamus  to  enforce  a  decision  in  her  favor. 
Thompson  v.  Board  of  Education,   28   Vr.   628. 

4.  In  such  a  case  the  only  burden   upon   the   relator  is  to   show   that   the 
jurisdiction   of   the    State    Superintendent   extended   over   the   parties   in   con- 
troversy. 

5.  See  foot-notes  to  sections  is  and  114. 

6.  See  section   127. 


SCHOOL  LAW.  63 


119.  (  108.)  If  a  teacher  employed  by  a  Board  of  Edu-  f^  for 
cation  shall  leave  the  school  before  the  expiration  of  the 

term  of  his  or  her  employment,  without  the  consent  of 
the  Board  of  Education,  said  teacher  shall  be  deemed 
guilty  of  unprofessional  conduct,  and  the  Commissioner 
of  Education  is  authorized,  upon  receiving  notice  of 
such  fact,  to  suspend  the  certificate  of  such  teacher  for 
a  period  not  exceeding  one  year. 

120.  (109.)   Every  teacher  in  a  public  school  shall  Keep 
keep  a  school  register  in  the  manner  provided  therefor,   ^flster 
and  no  salary  shall  be  paid  to  such  teacher  until  the  dis- 

trict clerk  or  other  officer  or  person  authorized  to  deliver 
the  check,  order  or  warrant  for  such  salary  shall  ascer- 
tain that  such  register  has-been  properly  kept  for  the 
time  for  which  salary  is  demanded,  and  shall  enter  upon 
said  register  a  certificate  to  that  effect.  The  check,  order 
or  warrant  for  the  balance  of  salary  due  any  teacher  at 
the  time  of  closing  the  school  for  the  summer  vacation, 
or  of  leaving  the  school  before  the  end  of  the  school 
year,  shall  not  be  delivered  to  such  teacher  until  the 
district  clerk  or  other  officer  authorized  to  deliver  such 
check,  order  or  warrant  shall  have  received  written 
notice  from  the  County  or  City  Superintendent  that  such 
teacher  has  filed  with  him  his  or  her  annual  report  on 
the  blank  furnished  for  that  purpose  by  the  Commis- 
sioner of  Education;  provided,  that  in  any  school  in  Proviso 
which  more  than  one  teacher  shall  be  employed  the 
principal  thereof  shall  furnish  such  report. 

121.  (no.)   No  teacher  shall  be  required  to  teach 
school  on  any  day  declared  by  law  to  be  a  public  holiday, 
and  no  deduction  from  a  teacher's  salary  shall  be  made 
by  reason  of  the  fact  that  a  school  day  happens  to  be  a 
day  declared  by  law  to  be  a  public  holiday.     Any  con- 
tract made  in  violation  of  this  section  shall  have  no 
force  or  effect  as  against  a  teacher. 

122.  (in.)   A  teacher  shall  hold  every  pupil  account- 
able  in  school  for  disorderly  conduct  on  the  way  to  or 
from  school,  or  on  the  playgrounds  of  the  school,  or 


SCHOOL  LAW. 


Proviso. 


Proviso. 


Corporal 
punishment 
forbidden. 
Ibid. 


Certificate 
necessary. 
Ibid. 


Religious 
exercises. 
Ibid. 


Exemption 
from  jury 
duty. 
Ibid. 

Tenure  per- 
manent after 
three  years. 
P.  L.  1909, 
Chap.  243. 


Proviso. 


during  recess,  and  shall  suspend  from  school  any  pupil 
for  good  cause ;  provided,  that  such  suspension  shall  be 
reported  forthwith  by  the  teacher  to  the  Board  of  Edu- 
cation; provided  further,  that  in  any  school  in  which 
more  than  one  teacher  shall  be  employed  the  principal 
alone  shall  have  the  power  to  suspend  a  pupil. 

123.  (112.)  No  principal,  teacher  or  other  person  em- 
ployed or  engaged  in  any  capacity  in  any  school  or  edu- 
cational institution,  whether  public  or  private,  shall  in- 
flict or  cause  to  be  inflicted  corporal  punishment  upon 
any  pupil  attending  such  school  or  institution,  and  every 
resolution,  by-law,  rule,  ordinance  or  other  act  of  author- 
ity heretofore  or  hereafter  passed,  adopted,  approved, 
made  or  given  by  any  person  or  persons  whomsoever, 
natural  or  artificial,  permitting  or  authorizing  corporal 
punishment  to  be  inflicted  upon  any  pupil  attending  or 
that  may  attend  any  school  or  educational  institution 
shall  be  henceforth  void  and  of  no  force  or  effect. 

124.  (113.)   No  teacher  shall  be  entitled  to  any  salary 
unless  such  teacher  shall  be  the  holder  of  an  appropriate 
teacher's  certificate,  (a) 

125.  (114.)   No  religious  service  or  exercise,  except 
the  reading  of  the  Bible  and  the  repeating  of  the  Lord's 
Prayer,  shall  be  held  in  any  school  receiving  any  por- 
tion of  the  moneys  appropriated  for  the  support  of 
public  schools. 

126.  (115.)  No  teacher  shall  be  required  to  serve  on 
any  jury  in  this  State  while  his  school  be  in  session. 

127.  ( i . )  The  service  of  all  teachers,  principals,  super- 
vising principals  of  the  public  schools  in  any  school  dis- 
trict of  this  State  shall  be  during  good  behavior  and 
efficiency,  after  the  expiration  of  a  period  of  employ- 
ment of  three  consecutive  years  in  that  district,  unless 
a  shorter  period  is  fixed  by  the  employing  board;  pro- 
vided, that  the  time  any  teacher,  principal,  supervising 
principal   has   taught   in   the   district    in   which   he   or 


(a)    See  Article  IV. 


SCHOOL  LAW. 


she  is  employed  at  the  time  this  act  shall  go  into  effect, 
shall  be  counted  in  determining  such  period  of  employ- 
ment. No  principal  or  teacher  shall  be  dismissed  or 
subjected  to  reduction  of  salary  in  said  school  district 
except  for  inefficiency,  incapacity,  conduct  unbecoming 
a  teacher  or  other  just  cause,  and  after  a  written  charge 
of  the  cause  or  causes  shall  have  been  preferred  against 
him  or  her,  signed  by  the  person  or  persons  making 
the  same,  and  filed  with  the  secretary  or  clerk  of  the 
Board  of  Education  having  charge  of  the  school  in 
which  the  service  is  being  rendered,  and  after  the  charge 
shall  have  been  examined  into  and  found  true  in  fact 
by  said  Board  of  Education,  upon  reasonable  notice  to 
the  person  charged,  who  may  be  represented  by  counsel 
at  the  hearing.  Charges  may  be  filed  by  any  person, 
whether  a  member  of  said  school  board  or  not. 

128.  (2.)   Said  Board  of  Education  shall  have  power 
to  issue  writs  of  subpoena  on  behalf  of  either  party  to 
compel  attendance  of  witnesses  to  testify  before  said 
board  in  the  matter  under  investigation,   which  sub- 
poena shall  be  issued  under  the  seal  of  said  board  and 
be  signed  by  the  secretary  or  clerk  thereof,  and  shall 
be  served  in  the  same  manner  as  subpoenas  issued  out 
of  the  courts  of  common  pleas  of  this  State,  and  every 
person  who  refuses  or  neglects  to  obey  the  command 
of  such  a  writ,  or,  who,  after  appearing,  refuses  to 
be  sworn  and  testify,  shall  in  either  event  be  liable  to 
a  penalty  of  fifty  dollars,  to  be  sued  for  in  the  name 
of  said  board  in  any  court  of  competent  jurisdiction, 
which  penalty  when  collected  shall  be  paid  to  the  treas- 
urer or  custodian  of  moneys  of  said  board.    Any  mem- 
ber of  said  board  is  hereby  authorized  to  administer 
oaths  to  such  witnesses  as  may  appear  or  be  brought 
before   it,    and   any  person   who   shall   have   been   so 
sworn  and  who  shall  testify  falsely,  shall  be  guilty  of 
perjury. 

129.  (3.)    Nothing  herein  contained  shall  be  held  to 
limit  the  right  of  any  school  board  to  reduce  the  num- 

5  si. 


As  to  charges 
or  reduction 
of  salary. 


Hearing. 


Cpmpel 
witness  by 
subpoenas. 
Ibid. 


Penalty. 


Oaths. 


Dismiss 
teachers  if 
pupils 
decrease. 
Ibid. 


66 


SCHOOL  LAW. 


Proviso. 


Pension  for 
teachers. 
P.  L.  1911, 
Chap.  276. 


Proviso. 


Schools  free. 

Age. 

P.  L.  1903, 

Special 

session. 

Tuition  fees 

in  certain 

cases. 


ber  of  principals  or  teachers  employed  in  any  school  dis- 
trict when  such  reduction  shall  be  due  to  a  natural 
diminution  of  the  number  of  pupils  in  said  school  dis- 
trict; and  provided  further,  that  the  service  of  any  prin- 
cipal or  teacher  may  be  terminated  without  charge  or 
trial  who  is  not  the  holder  of  a  proper  teacher's  certifi- 
cate in  full  force  and  effect. 

130.  (i.)   Any  teacher,   principal  or  superintendent 
who  shall  have  been  employed  in  the  public  school  sys- 
tem of  this  State  or  any  other  State  not  less  than  thirty- 
five  years  shall,  upon  application  to  the  Board  of  Educa- 
tion or  other  body,  or  by  which  such  teacher,  principal  or 
superintendent  shall  be  employed,  be  retired  from  duty 
on  half  the  average  annual  salary  during  the  last  five 
years  of  service;  provided,  such  teacher,  principal  or 
superintendent  shall  have  been  employed  at  least  twenty 
years  by  the  Board  of   Education  or  other  body  by 
which  he  or  she  shall  be  retired,  and  the  payment  to 
such  persons  shall  be  made  at  the  same  time  and  in  the 
same  manner  as  to  teachers  regularly  employed,  (a) 

ARTICLE  IX. 
PUPILS. 

131.  ( 1 1 6.)    Public  schools  shall  be  free  to  all  persons 
over  five  and  under  twenty  years  of  age  who  shall  be 
residents  of  the  school  district.  (&)     Non-residents  of 
a  school  district,  if  otherwise  competent,  may  be  ad- 
mitted to  the  schools  of  said  district  with  the  consent  of 
the  Board  of  Education  upon  such  terms  as  said  board 

(a)  Although  a  teacher  in  the  public  schools  is  retired  under  without  hav- 
ing a  hearing,  the  proceedings  will  not  be  set  aside  on  certiorari   when  the 
facts  on  which  the  retirement  was  based  are  conceded.      Vroom  v.  Bayonne, 
50  Vr.  46. 

(b)  The  provision   of   article  4,   section   7,   paragraph   6,   of  the   State  con- 
stitution  is   not   a   limitation   of   legislative   power    over    the   subject    of    free 
public   education.      It   prescribes    what   must   be    done   with   the   school    fund, 
not   what  may  be   done  at   public   expense   out   of  the  general   funds   of  the 
State.      The   facilities   for    free   public  education    are   to    be   provided   by   the 
legislature   within   the   exercise  of   a   sound    discretion,    subject   only    to    con- 
stitutional restraint  which  must  be  found  in  expression  or  clear  implication. 
Rutgers  College  v.  Morgan,  41    Vr.  460. 


SCHOOL  LAW.  67 

may  prescribe;  provided,  that  the  authority  to  charge  Proviso, 
tuition  for  non-resident  pupils  conferred  by  this  section 
shall  not  apply  to  non-resident  pupils  transferred  to  any 
district  by  an  order  of  the  County  Superintendent  of 
Schools,  (a) 

132.  (117.)  Whenever  in  any  district  there  shall  be   0Tfr^i°srtati°n 
children  living  remote  from  the  schoolhouse,  the  Board   ] 

of  Education  of  such  district  may  make  rules  and  con- 
tracts for  the  transportation  of  such  children  to  and  from 
school.  Nothing  in  this  section  shall  be  so  construed 
as  to  prohibit  a  Board  of  Education  from  making  con- 
tracts for  the  transportation  of  children  to  a  school  in 
an  adjoining  district  when  such  children  shall  be  trans- 
ferred to  said  district  by  order  of  the  County  Superin- 
tendent of  Schools,  or  when  any  children  shall  attend 
school  in  a  district  other  than  that  in  which  they  shall 
reside  by  virtue  of  an  agreement  made  by  the  respective 
Boards  of  Education. 

133.  (118.)   Any  child  living  remote  from  any  public  Jhr^enr°f 
school  in  the  district  in  which  he  or  she  shall  reside  shall  ^mote  from 
be  allowed  to  attend  a  public  school  in  an  adjoining  Ibld- 
district  with  the  consent  of  the  County  Superintendent 

of  Schools,  which  consent  shall  be  in  writing,  and  one 
copy  thereof  filed  with  the  district  clerk  or  secretary  of 
the  Board  of  Education  of  the  district  in  which  such 
child  shall  reside,  and  one  copy  filed  with  the  district 
clerk  or  secretary  of  the  Board  of  Education  of  the  dis- 
trict in  which  such  child  shall  attend  school ;  and  in  case 
the  districts  shall  not  be  in  the  same  county,  the  written 
consent  of  the  County  Superintendent  of  Schools  of 
each  county  shall  be  obtained. 

134.  (119.)   Any  child  who  shall  have  completed  the 
course  of  study  pursued  in  the  schools  in  the  district  in 
which  he  or  she  shall  reside  may,  with  the  consent  of  the 
Board  of  Education  of  said  district  and  of  the  Board  of   ib?dnct' 
Education  of  a  district  in  which  he  or  she  shall  desire 

(a)    See  section   3,  div.  XT. 


68 


SCHOOL  LAW. 


Pupils  to 
submit  to 
authority  of 
teacher. 
Ibid. 


Parents 
liable  for 
pupil's 
damage  to 
school 
property. 


Vaccination. 
P.  L.  1906, 
Chap.  104. 


Proviso. 


to  attend  school,  be  admitted  to  a  school  of  higher  grade 
in  said  last-mentioned  district.  Said  Boards  of  Educa- 
tion shall  determine  the  amount  to  be  paid  for  the  edu- 
cation of  such  child,  and  the  Board  of  Education  of  the 
district  in  which  such  child  shall  reside  shall  issue  an 
order  for  said  amount,  signed  by  the  president  and  dis- 
trict clerk  or  secretary  of  the  Board  of  Education,  in 
favor  of  the  custodian  of  the  school  moneys  of  the 
school  district  in  which  such  child  shall  attend  school, 
which  order  shall  be  paid  by  the  custodian  of  the  school 
moneys  of  the  first-mentioned  district  out  of  any  moneys 
in  his  hands  available  for  the  current  expenses  of  said 
district,  (a) 

135.  (120.)    Pupils  in  the  public  schools  shall  comply 
with  the  regulations  established  in  pursuance  of  law  for 
the  government  of  such  schools;  shall  pursue  the  pre- 
scribed course  of  study,  and  shall  submit  to  the  authority 
of  the  teacher.    Continued  and  willful  disobedience,  open 
defiance  of  the  authority  of  the  teacher,  the  use  of 
habitual  profanity  or  obscene  language  shall  be  good 
cause  for  suspension  or  expulsion  from  school.     Any 
pupil  who   shall  cut,   deface   or  otherwise  injure  any 
schoolhouse,    furniture,    fences,   outbuildings   or   other 
property  of  the  school  district  shall  be  liable  to  suspen- 
sion and  punishment,  and  the  parents  or  guardians  of 
such  pupil  shall  be  liable  for  damages  to  the  amount  of 
the  injury ;  said  amount  to  be  collected  by  the  Board  of 
Education   in  any  court  having  jurisdiction,   together 
with  the  costs  of  said  action. 

136.  (121.)   A  board  of  education  may  exclude  from 
school  any  teacher  or  pupil  who  shall  not  have  been  suc- 
cessfully vaccinated  or  revaccinated,  unless  such  teacher 
or  pupil  shall  present  a  certificate  signed  by  a  regularly 
licensed  physician  that  such  teacher  or  pupil  is  an  unfit 
subject  for  vaccination;  provided,  that  in  any  district 
having  a  medical  inspector  appointed  by  the  Board  of 


(a)    See  section  3,  div.  XI. 


SCHOOL  LAW.  69 

Education  the  certificate  hereinafter  provided  for  shall 

be  furnished  by  such  medical  inspector,  (a)   No  teacher  Teachers  or 

or  pupil  who  shall  be  a  member  of  a  household  in  which  «JPgjf0*0g 

a  person  shall  be  ill  with  small-pox,  diphtheria,  scarlet  £oteSteSda11 

fever,    whooping   cough,    yellow    fever,   typhus    fever, 

cholera,  measles  or  such  other  contagious  or  infectious 

disease  as  may  be  designated  by  the  Board  of  Educa- 

tion, or  of  a  household  exposed  to  contagion  as  afore- 

said, shall  attend  any  public  school  during  such  illness, 

nor   until   the    Board   of    Education    shall   have   been 

furnished  with  a  certificate  from  the  Board  of  Health, 

or  from  the  physician  attending  such  person,  or  from 

a  medical  inspector,  certifying  that  all  danger  of  com- 

municating such  disease  by  such  teacher  or  pupil  has 

passed. 

137.    (122.)   In  case  any  pupil  enrolled  in  a  public  Vaccination 

at  public 


school  shall  be  found  to  be  unvaccinated,  whose  parents  j0 
shall  be,  in  the  judgment  of  the  Board  of  Education,  '1 
unable  to  pay  for  the  vaccination  of  such  pupil,  the  dis- 
trict clerk  or  secretary  of  the  Board  of  Education  may 
give  to  said  pupil  a  permit  to  appear  before  any  regularly 
licensed  physician  to  be  vaccinated,  and  such  physician, 
on  presenting  said  permit  with  his  certificate  appended 
thereto  that  the  vaccination  has  been  by  him  successfully 
performed,  shall  receive  from  the  township,  city,  incor- 
porated town,  borough  or  other  municipality  in  which 
said  pupil  shall  reside  the  sum  of  fifty  cents. 

138.  (123.)  Whenever  the  Board  of  Health  of  any  Schools  dosed 
township,  city,  incorporated  town,  borough  or  other  mu- 
nicipality  shall  declare  any  epidemic  or  cause  of  ill-health 
to  be  so  injurious  or  hazardous  as  to  make  it  necessary 
to  close  any  or  all  of  the  public  schools  in  such  township, 
city,  incorporated  town,  borough  or  other  municipality, 
said  board  shall  immediately  serve  notice  on  the  Board 
of  Education  of  the  school  district  situate  in  said  town- 

Co)  The  appointment  of  medical  inspectors  being  mandatory,  the  certificate 
must  be  furnished  by  such  inspector. 


SCHOOL  LAW. 


When  new 
pupils  may 
be  admitted. 
Ibid. 


No  exclusion 
from  school 
on  account  of 
color,  etc. 
Ibid. 


Special  classes 
for  pupils 
below  normal. 
P.  L.  1911, 
Chap.  234. 


ship,  city,  incorporated  town,  borough  or  other  munici- 
pality that  it  is  desirable  to  close  said  school  or  schools. 
Upon  receipt  of  such  notice  such  Board  of  Education 
may  close  the  schools  under  its  control,  or  such  of  them 
as  may  be  designated  by  the  Board  of  Health,  and  said 
schools  shall  not  be  reopened  until  said  Board  of  Edu- 
cation shall  be  satisfied  that  all  danger  from  said  epi- 
demic or  cause  of  ill-health  has  been  removed. 

139.  (124.)    Children  who  shall  have  never  attended 
any  public  or  private  school  may  be  admitted  to  a  public 
school  during  the  ten  days  immediately  following  the 
opening    of    said    school    for    the    fall    term,    during 
the  first  five  days  in  January  and  April  respectively,  and 
at  no  other  time  except  by  a  majority  vote  of  all  the 
members  of  the  Board  of  Education  of  the  school  dis- 
trict in  which  said  school  shall  be  situate. 

140.  (125.)   No  child  between  the  age  of  four  and 
twenty  years  shall  be  excluded  from  any  public  school 
on  account  of  his  or  her  religion,  nationality  or  color. 
A  member  of  any  Board  of  Education  who  shall  vote  to 
exclude  from  any  public  school  any  such  child,  on  ac- 
count of  his  or  her  religion,  nationality  or  color  shall 
be  guilty  of  a  misdemeanor,  and  punished  by  a  fine  of 
not  less  than  fifty  dollars  rior  more  than  two  hundred 
and  fifty  dollars,  or  by  imprisonment  in  the  county  jail, 
workhouse  or  penitentiary  of  the  county  in  which  the 
offence  shall  have  been  committed,   for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  fine 
and  imprisonment  in  the  discretion  of  the  court,  (a) 

141.  (i.)  Each  Board  of  Education  in  this  State  shall 
ascertain  what  children,  if  any,  there  are  in  the  public 
schools  who  are  three  years  or  more  below  the  normal. 

(a)  i.  It  is  unlawful  for  school  trustees  to  exclude  children  from  any 
school  on  the  ground  that  they  are  of  the  negro  race.  Pierce  v.  Union  Dis- 
trict, &c.,  17  Vr.  76. 

2.  In  case  of  a  controversy  between  a  citizen  and  a  local  board  of  educa- 
tion respecting  the  public  school  to  which  the  children  of  the  citizen  should 
be  assigned,  all  remedies  provided  by  the  School  law  must  be  exhausted  by 
the  citizen  before  the  prerogative  writs  of  the  state  are  awarded  to  him. 
Stockton  v.  Board  of  Education,  &c.,  43  Vr.  80. 


SCHOOL  LAW.  71 

In  each  school  district  in  this  State  in  which  there  are 
ten  or  more  children,  three  years  or  more  below  the 
normal,  the  Board  of  Education  thereof  shall  establish 
a  special  class  or  classes  for  their  instruction,  no  class, 
however,  to  contain  more  than  fifteen  children.  In  each 
school  district  in  this  State  where  there  are  ten  or  more 
blind  or  deaf  children  who  are  not  now  cared  for  or 
who  cannot  be  cared  for  in  an  institution,  a  special  class 
or  classes  shall  be  organized  for  their  education,  no  such 
class,  however,  to  contain  more  than  fifteen  pupils.  Such 
classes  shall  be  discontinued  when  proper  provision  is 
made  for  the  care  and  education  of  such  blind  and  deaf 
children  by  the  State.  The  medical  examiner  of  the  JJ^f 
district  shall  examine  the  children  in  special  classes  at  examiner, 
least  once  in  every  three  months,  (a) 


ARTICLE  X. 

SCHOOLHOUSES',   FACILITIES  AND  ACCOMMODATIONS. 

142.  (126.)  Each  school  district  shall  provide  suitable  Suitable  ac- 
commodations 
school  facilities  and  accommodations  for  all  children  re-  must  be  fur- 

nished. 

siding  in  the  district  and  desiring  to  attend  the  public  ^Jj  iw* 
schools  therein.  Such  facilities  and  accommodations 
shall  include  proper  school  buildings,  together  with  fur- 
niture and  equipment,  convenience  of  access  thereto,  and 
courses  of  study  suited  to  the  ages  and  attainments  of 
all  pupils  between  the  ages  of  five  and  twenty  years. 
Such  facilities  and  accommodations  may  be  provided 
either  in  schools  within  the  district  convenient  of  ac- 
cess to  the  pupils  or  as  provided  in  sections  one  hun- 
dred and  seventeen,  one  hundred  and  eighteen  and  one 
hundred  and  nineteen  of  the  act  to  which  this  act  is 
an  amendment.  Whenever  any  school  district  shall  School 

moneys  with- 

fail  to  provide  such  facilities  or  accommodations,  the   held  upon 

failure  to 

County  Superintendent  of  Schools  shall  transmit  to  the 

(a)    See  section  251. 


SCHOOL  LAW. 


Out-houses 
P.  L.  1903, 
Special 


Tax  for. 


Plans  for 
school  build- 
ings. 

P.  L.  1911, 
Chap.  369- 


custodian  of  the  school  moneys  of  the  school  district  an 
order  directing  him  to  withhold  from  such  district  all 
moneys  in  his  hands,  or  which  shall  thereafter  come  into 
his  hands,  to  the  credit  of  such  school  district  received 
from  the  State  appropriation  or  from  the  State  school 
tax  until  such  suitable  facilities  or  accommodations  shall 
be  provided,  and  shall  notify  the  Board  of  Education  of 
such  district  of  his  action  with  the  reasons  therefor. 
Such  order  shall  not  take  effect  until  approved  in  writing 
by  the  Commissioner  of  Education,  and  said  approval 
shall  state  when  said  order  shall  take  effect. 

143.  (127.)   Each  Board  of  Education  shall  provide 
at  least  two  suitable  and  convenient  outhouses  or  water- 
closets  for  each  of  the  schoolhouses  under  its  control. 
Said  outhouses  or  water-closets  shall  be  entirely  sepa- 
rated each  from  the  other  and  shall  have  separate  means 
of  access.     Said  outhouses  and  said  water-closets,  if  de- 
tached from  the  schoolhouse,  shall  be  separated  by  a  sub- 
stantial close  fence  not  less  than  seven  feet  in  height. 
The  Board  of  Education  shall  have  said  outhouses  and 
water-closets  kept  in  a  clean  and  wholesome  condition. 
The  question  of  raising  the  amount  needed  to  carry  into 
effect  the  provisions  of  this  section  shall  not  be  sub- 
mitted to  the  legal  voters  of  the  school  district,  but  the 
Board  of  Education  shall  notify  the  assessor  or  assessors 
and  collector,  by  notice  signed  by  the  president  and  dis- 
trict clerk  or  secretary,  of  the  amount  needed  for  such 
purpose,  and  such  amount  shall  be  assessed,  levied  and 
collected  at  the  same  time  and  in  the  same  manner  as 
other  special  school  taxes  are  assessed,  levied  and  col- 
lected. 

144.  (128.)  The  Commissioner  of  Charities  and  Cor- 
rections shall,  upon  the  request  of  the  Commissioner  of 
Education,   cause  to  be  prepared  standard  plans  and 
specifications  for  school  buildings  to  contain  one,  two, 
four,  six,  eight,  twelve,  sixteen,  twenty  and  twenty-four 
rooms.     The  Commissioner  of  Education  shall,  upon 
receipt  of  such  plans  and  specifications,  cause  blueprints 


SCHOOL  LAW.  73 

to  be  made  of  the  plans,  and  shall  have  printed  copies 
of  the  specifications  and  shall  loan  copies  to  any  district 
upon  its  application.  The  Commissioner  of  Charities 
and  Corrections  shall  also,  upon  the  request  of  the 
Commissioner  of  Education,  cause  to  be  made  a  thor- 
ough examination  of  any  school  building  and  to  report  Examination 
to  the  Commissioner  of  Education  his  findings  in  regard  buildings. 
thereto.  The  Commissioner  of  Education  may  direct 
the  entire  or  partial  abandonment  of  any  building  used 
for  school  purposes  and  may  direct  the  making  of  such 
changes  therein  as  to  him  may  seem  proper. 

145.  (120.)  No  contract  for  the  erection  of  any  public  Approval  of 

plans  and 

school  building  or  any  part  thereof  shall  be  made  until  jj£}racts' 
and  after  plans  and  specifications  therefor  have  been  sub- 
mitted to  and  approved  by  the  State  Board  of  Education. 
A  copy  of  the  plans  and  specifications  as  approved  shall 
be  filed  forthwith  with  the  State  Board  of  Education. 
A  copy  of  the  contracts  for  the  erection  of  the  whole 
or  any  part  of  the  school  building  and  for  the  furnishing 
thereof  shall  be  filed  with  the  State  Board  of  Educa- 
tion within  ten  days  after  the  same  have  been  signed. 
No  change  in  the  plans  or  specifications  shall  be  legal 
unless  the  same  have  been  submitted  to  and  approved  by 
the  State  Board  of  Education.  A  copy  of  all  changes  as 
approved  shall  be  filed  forthwith  with  the  said  board. 

146.  ( 130.)  In  any  schoolhouse  of  two  or  more  stories 
in  height,  the  doors  leading  from  the  classrooms  to  the 
corridors  and  from  said  corridors  to  the  street  or  to  the  fePsSon. 
ground  surrounding  such  schoolhouse  shall  open  out- 
wardly.   All  swing-doors  shall  have  plate-glass  windows 

of  suitable  dimensions. 

147.  (i.)   Whenever  any  of  the  school  buildings  and   Pse  of 

J  insuranc 

furnishings  thereof   in  any  school   district   shall   have   p0™3^ 
been  partially  or  totally  destroyed  by  fire,  the  moneys   Chap- 34 
received  by  the  Board  of  Education  for  insurance  on  said 
building  and  furnishings  and  contents  thereof  may  be 
paid  out  by  the  custodian  of  the  school  moneys  of  the 
district  for  the  repairing,  reconstruction  or  rebuilding  of 


74 


SCHOOL  LAW. 


Proviso. 


Proviso. 


said  building  and  the  purchase  and  repairing  of  the 
furnishings  and  contents  thereof;  provided,  that  insur- 
ance money  shall  not  be  used  by  the  Board  of  Education, 
without  the  authority  of  the  appropriating  power,  for  a 
building  to  be  erected  on  a  site  other  than  that  occupied 
by  the  building  destroyed  by  fire ;  and  provided  further, 
that  the  Board  of  Education  shall  not  enter  into  a  con- 
tract for  the  construction  of  a  building  to  cost  more 
than  the  amount  of  insurance  money  received  until  the 
additional  amount  required  has  been  regularly  appro- 
priated. 

ARTICE  XL 

UNION-GRADED  SCHOOLS. 


Establish- 
ment of 
union-graded 
schools. 
P.  L.  1903, 
Special 
session. 


Election,  how 
conducted. 


Report  to 
county  su- 
perintendent. 


148.  (132.)  Whenever  the  Boards  of  Education  of  two 
or  more  adjoining  school  districts  shall  deem  it  for  the 
best  interests  of  the  children  that  said  districts  shall  unite 
in  establishing  and  maintaining  a  union-graded  school, 
each  oi  said  boards  shall  cause  its  secretary  or  district 
clerk  to  insert  in  the  notices  calling  any  annual  or  special 
meeting  of  the  legal  voters,  a  notice  that  the  question  of 
establishing  such  union-graded  school  will  be  submitted 
at  such  meeting.  The  legal  voters  shall  vote  by  ballot, 
and  at  any  such  meeting  the  secretary  thereof  shall  keep 
a  poll-list  of  the  legal  voters  voting  on  such  question,  and 
a  tally-sheet  of  the  ballots  as  counted  by  the  tellers.  Said 
ballots,  poll-list  and  tally-sheet,  which  tally-sheet  shall 
be  signed  by  the  chairman  of  the  meeting  and  by  said 
secretary,  shall  be,  by  said  secretary,  within  five  days 
after  the  date  of  said  mieeting,  transmitted  to  the  County 
Superintendent  of  Schools  in  a  sealed  package  indorsed 
with  the  name  of  the  district,  of  the  county  in  which  it 
shall  be  situate,  and  the  date  of  the  meeting.  Said 
secretary  shall  also  transmit  to  said  County  Superin- 
tendent of  Schools  a  certificate  of  the  result  of  such  vote 
signed  by  said  chairman  and  secretary.  In  case  the 


SCHOOL  LAW.  75 

districts  shall  be  situate  in  different  counties,  said  secre- 
tary shall  transmit  the  ballots  and  other  papers  hereinbe- 
fore described  to  the  County  Superintendent  of  Schools 
of  the  county  in  which  the  district  shall  be  situate,  and 
shall  transmit  a  duplicate  of  the  certificate  of  the  re- 
sult of  such  vote  to  the  County  Superintendent  of 
Schools  of  the  county  in  which  the  other  district  or  dis- 
tricts shall  be  situate.  If  the  County  Superintendent  of 
Schools  shall  ascertain  from  such  certificates  that  the 
total  number  of  votes  cast  in  each  of  said  districts  in 
favor  of  establishing  such  union-graded  school  exceeds 
the  total  number  of  votes  cast  in  each  district  against  the 
same,  he  shall  immediately  notify  each  of  the  Boards  of 
Education  of  the  result  of  such  vote. 

149.  (133.)  Whenever  two  or  more  districts  shall  have  unum  school 
voted  to  establish  a  union-graded  school  as  provided  in  constituted. 
the  preceding  section,  the  Board  of  Education  of  such 
union-graded  school  shall  be  constituted  as  follows: 

I.  If  two  districts  shall  unite  for  the  purpose  afore- 
said, the  Board  of  Education  of  each  of  said  districts 
shall  appoint  two  of  its  members  as  members  of  the 
Board  of  Education  of  such  union-graded  school ; 

II.  If  three  or  more  districts  shall  unite  for  the  pur- 
pose aforesaid,  the  Board  of  Education  of  each  of  said 
districts  shall  appoint  one  of  its  members  as  aforesaid. 

150.  (134.)  Each  board  of  education  shall  notify  the  Notification 

to  county  su- 

County  Superintendent  of  Schools  of  the  names  of  the  penn 
persons  so  appointed  as  aforesaid,  and  the  persons  so 
appointed  shall  continue  to  be  members  of  the  Board 
of  Education  of  such  union-graded  school  until  the 
second  Tuesday  in  April  next  after  their  terms  of  office 
as  members  of  their  respective  boards  of  education  shall 
have  expired,  and  their  successors  shall  be  appointed  on 
or  before  the  first  day  of  April  in  like  manner  and  for 
a  like  term.  The  members  so  appointed  as  aforesaid 
shall  continue  to  act  as  members  of  the  boards  of  educa- 
tion in  their  respective  districts. 


SCHOOL  LAW. 


Removals  and 

vacancies. 

Ibid. 


Corporate 

name. 

Lhid. 


Organization 
of  board  of 
education. 
Ibid. 


Custodian 
of  school 
moneys. 


Powers  of 
union-graded 
school  boards. 
Ibid. 

Purchase, 
sell  or  lease 
school 
property. 


151.  (135.)   A  member  of  a  board  of  education  of  a 
union-graded  school  or  the  president  or  secretary  there- 
of, may  be  removed  in  the  same  manner  as  is  provided  in 
this  act  for  the  removal  of  an  officer  or  member  of  a 
board  of  education.    Any  vacancy  in  such  board  shall  be 
filled  by  the  board  of  education  of  the  district  which  by 
reason  of  such  vacancy  has  not  its  full  representation  on 
the  board  of  education  of  such  union-graded  school. 

152.  (136.)   Each  board  of  education  appointed  as 
provided  in  this  article  shall  be  a  body  corporate,  and 
shall  be  known  as  and  called  "the  board  of  education  of 

the  union-graded  school  of  the  school  districts  of 

and 1 — (here  insert  the  names  of  the  districts), 

in  the  county  of "  (here  insert  the  name  of  the 

county  in  which  the  schoolhouse  shall  be  located). 

153.  (137.)  The  Board  of  Education  of  each  union- 
graded  school  shall  forthwith,  after  its  first  appointment, 
organize  by  the  election  of  one  of  its  members  as  presi- 
dent and  a  secretary,  who  shall  serve  until  the  second 
Tuesday  in  April  next  after  their  election,  on  which  day 
and  annually  thereafter  said  board  shall  organize  by  the 
election  of  the  officers  aforesaid.     Said  board  shall  ap- 
point a  suitable  person  as  custodian  of  school  moneys  of 
said  union-graded  school  and  shall  fix  his  salary  and 
term  of  office.     Said  custodian  shall  have  the  powers 
and  be  charged  with  the  duties  conferred  or  imposed 
by  this  act  upon  custodians  of  school  moneys  of  school 
districts,  and  shall  give  such  bond  in  such  amount  and 
with  such  sureties  as  said  board  shall  direct,  but  said 
bond  shall  be  for  a  sum  not  less  than  the  amount  annu- 
ally apportioned  to  such  school  by  the  County  Superin- 
tendent of  Schools. 

154.  (138.)   The   Board  of  Education  of  a  union- 
graded  school  shall  have  power : 

I.  To  purchase,  sell  and  improve  school  grounds,  to 
erect,  lease,  enlarge,  improve,  repair  or  furnish  school 
buildings;  to  borrow  money  with  or  without  mortgage 


SCHOOL  LAW.  77 

and  to  raise  money  by  taxation  for  any  such  purpose,  or 
to  pay  debts  incurred  therefor,  or  for  the  current  ex- 
penses of  the  schools ;  provided,  that  for  any  such  actb  Proviso, 
it  shall  have  the  previous  authority  of  a  majority  vote 
of  the  Board  of  Education  of  each  of  the  districts 
uniting  in  establishing  said  union-graded  school; 

II.  To  take  and  condemn  land  and  other  property   Condemn 

J     land  for 

for  school  purposes,  in  the  manner  provided  by  law   school 

purposes. 

regulating  the  ascertainment  and  payment  of  compensa- 
tion for  property  condemned  and  taken  for  public  use. 
If  either  party  shall  feel  aggrieved  by  any  proceedings 
and  awards  thereunder,  said  party  may  appeal  in  the 
manner  provided  by  law  for  appeals  from  such  proceed- 
ings and  awards;  provided,  that  before  beginning  any  proviso, 
proceedings  for  taking  and  condemning  land  and  other 
property,  the  Board  of  Education  shall  have  the  author- 
ity of  a  majority  vote  of  the  Board  of  Education  of 
each  of  the  districts  uniting  in  establishing  said  union- 
graded  school; 

III.  To  determine,  subject  to  the  approval  of  a  ma- 
jority  of  the  Board  of  Education  of  each  of  the  dis- 
tricts  uniting  in  establishing  such  union-graded  school, 
the  amount  needed  to  purchase  land  for  school  pur- 
poses; to  erect  and  furnish  a  suitable  schoolhouse,  or 
to  lease  a  schoolhouse  already  erected,  and  for  the  cur- 
rent expenses  of  such  school,  in  which  term  shall  be 
included  principals',  teachers',  janitors'  and  medical  in- 
spectors' salaries,  fuel,  text-books,  school  supplies,  flags, 
school  libraries,  salaries  of  secretary  and  cutodian  of 
school  moneys,  insurance  and  the  incidental  expenses  of 
such  school.     The  amount  of  money  thus  determined 
shall    be    certified    by    the    secretary    of    said  board 
to    the     assessors     of    the    several    taxing    districts 
in     which     the     school     districts     uniting     as     afore- 
said    shall     be     situate,     and     said     assessors     shall 
apportion    said    amount    among    said   several  taxing 
districts  in  the  proportion  that  the  ratables  of  each  bear 


SCHOOL  LAW. 


Seal. 


Supervising 
principal. 


Apportion- 
ment of 
moneys  in 
union  school 
districts. 
Ibid. 


to  the  total  ratables  o<f  all  said  taxing  districts,  and  the 
amount  thus  apportioned  to  each  taxing  district  shall  be 
assessed,  levied  and  collected  in  the  same  manner  and  at 
the  same  time  as  other  school  taxes  shall  be  assessed, 
levied  and  collected  therein,  and  shall  be  paid  by  the 
several  collectors  to  the  custodian  of  school  moneys  of 
such  union-graded  school  on  or  before  the  fifth  day  of 
January  next  after  the  same  shall  become  due  and  pay- 
able to  said  several  collectors; 

IV.  To  adopt  an  official  seal  by  which  all  its  official 
acts  may  be  authenticated; 

V.  To  appoint  a  supervising  principal  and  fix  his 
salary,   which   principal   shall   be   also  the  supervising 
principal  of  the  schools  in  the  district  uniting  in  estab- 
lishing  such   union-graded   school.      Such   supervising 
principal  shall  hold  a,  state  or  a  first-grade  county  cer- 
tificate. 

155.  (139.)  In  making  the  annual  apportionment  of 
school  moneys,  the  County  Superintendent  of  Schools 
shall  make  an  apportionment  to  such  union-graded 
school  on  the  same  basis  and  in  the  same  manner  as  to 
the  school  district  in  the  county  in  which  such  union- 
graded  school  shall  be  situate.  If  the  districts  which 
shall  have  united  in  establishing  such  union-graded 
school  shall  be  situate  in  different  counties,  the  County 
Superintendent  of  Schools  of  each  of  such  counties,  in 
making  his  annual  apportionment  of  school  moneys, 
shall  apportion  to  such  union-graded  school  three  hun- 
dred dollars  for  the  supervising  principal  and  one 
hundred  dollars  for  each  teacher  employed  therein  dur- 
ing the  year  preceding  that  for  which  said  apportion- 
ment shall  be  made,  and  in  addition  thereto  shall  ap- 
portion an  additional  sum  on  the  basis  of  the  aggregate 
days  attendance  of  all  pupils,  residents  of  such  county, 
who  shall  have  attended  such  union-graded  school  dur- 
ing the  year  preceding  thcJ:  for  which  said  apportion- 
ment shall  be  made. 


SCHOOL  LAW.  79 

156.  (140.)   The   board   of   education   of   a   union-  ?^eesrs0afnd 
graded  school  shall  have  all  the  powers  and  be  charged   ]$fZd- 
with  all  the  duties  conferred  or  imposed  upon  a  board 

of  education  in  a  township  school  district,  so  far  as  the 
same  are  not  inconsistent  with  the  provisions  of  this 
article. 

157.  (141.)  Each  union-graded  school  shall  be  under  fS5ervision- 
the  supervision  and  control  of  the  County  Superintend- 
ent of  Schools  of  the  county  in  which  the  school-house 

shall  be  situate. 

158.  (142.)  In  case  a  board  of  education  of  a,  union-  ^hoof-Suses. 
graded  school  shall  decide  that  it  is  necessary  to  raise    j 
money  to  purchase  land  for  school  purposes,  and  for 

the  erection  and  furnishing  of  a  school-house  or  for 
the  purchase  thereof  by  the  issue  of  bonds,  it  shall 
notify  the  board  of  education  of  each  of  the  districts 
which  shall  have  united  in  establishing  such  union- 
graded  school,  of  the  amount  needed,  the  number  of 
bonds  to  be  issued,  the  denomination  of  such  bonds, 
the  maximum  rate  of  interest  thereon,  and  the  time  or 
times  of  payment.  Each  of  such  boards,  upon  receiving  Question 

.      J  '     submitted  to 

such  notification,  shall  forthwith  call  a  meeting  of  the  voters. 
legal  voters  of  its  district,  and  shall  submit  to  said 
meeting  the  question  of  issuing  such  bonds  as  proposed 
by  the  board  of  education  of  such  union-graded  school, 
and  the  district  clerk  of  the  board  of  education  of  each 
of  said  districts  shall  transmit  to  the  board  of  educa- 
tion of  such  union-graded  school  certified  copies  of  the 
record  of  the  proceedings  of  the  board  of  education  and 
of  the  legal  voters  of  said  district  thereon.  If-  from 
said  certified  copies  it  shall  appear  that  a  majority  of 
the  legal  voters  present  at  such  meeting  in  each  of  said 
districts,  shall  have  voted  in  favor  of  the  issue  of  such 
bonds,  the  secretary  of  the  board  of  education  of  such 
union-graded  school  shall  transmit  such  certified  copies, 
together  with  certified  copies  of  the  record  of  the  pro- 
ceedings of  the  board  of  education  of  such  union- 


8o 


SCHOOL  LAW. 


Approval  of 
attorney- 
general. 


Description 
of  bonds. 
Ibid. 


Provision  for 
interest  and 
redemption 
of  bonds. 
Ibid. 


graded  school  concerning  the  issue  of  such  bonds,  to 
the  Attorney-General  for  his  approval  of  the  legality  of 
all  said  proceedings,  and  shall  file  duplicate  certified 
copies  of  the  record  of  all  such  proceedings  with  the 
Commissioner  of  Education,  and,  upon  the  approval 
thereof  by  the  Attorney-General,  said  bonds  may  be 
issued  and  sold  by  said  board. 

159.  (143.)    Bonds  authorized  as  provided  in  this 
article  shall  be  issued  in  the  corporate  name  of  the  board 
of  education  of  the  union-graded  school;  shall  bear  in- 
terest at  a  rate  not  exceeding  six  per  centum  per  an- 
num,  payable   semi-annually ;   shall   be  signed  by   the 
president  of  said  board  and  attested  by  the  secretary; 
shall  bear  the  seal  of  said  board,  and  shall  have  coupons 
attached  for  current  payment  of  interest,  which  coupons 
shall  be  signed  by  the  secretary,  and  shall  be  numbered 
to   correspond   to   the  bonds   to   which   they   shall   be 
severally  attached.     Bonds  so  issued  shall  be  numbered 
and  a  proper  registry  thereof  kept  by  the  secretary,  and 
may  be  sold  at  public  or  private  sale  for  the  best  ob- 
tainable price,  but  not  less  than  par.     Such  bonds  when 
issued  shall  be  a  lien  upon  the  real  estate  situate  in  each 
of  the  districts  which  shall  have  united  in  establishing 
such  union-graded  school,  and  the  personal  estates  of  the 
inhabitants  of  each  of  said  districts,  as  well  as  the  prop- 
erty of  each  of  said  districts,  and  said  estates  and  prop- 
erty shall  be  liable  for  the  payment  of  the  same. 

160.  (144.)  Whenever  bonds  shall  have  been  issued 
by  the  board  of  education  of  a  union-graded  school,  the 
secretary   of   such  board   shall,   each  and   every  year, 
certify  to  the  assessors  of  the  several  taxing  districts 
in  which  the  several  school  districts  which  shall  have 
united  in  establishing  such  union-graded  school  shall 
be  situate,  the  amount  which  shall  become  due  during 
such  year  for  principal  and  interest  of  such  bonds.   The 
amount  so  certified  shall  be  apportioned  and  assessed 
by  said  assessors  in  the  same  manner  and  in  the  same 


SCHOOL  LAW.  8 1 

proportion  as  taxes  for  the  current  expenses  of  such 
union-graded  school  shall  be  apportioned  and  assessed, 
and  the  moneys  so  assessed  shall  be  levied  and  collected 
by  the  collectors  of  the  several  taxing  districts,  and  the 
said  collectors  shall,  on  or  before  the  fifth  day  of  Janu- 
ary next  thereafter,  pay  the  full  amount  so  ordered  to 
be  assessed,  levied  and  collected  to  the  custodian  of  the 
school  moneys  of  said  union-graded  school,  who  shalL 
upon  receipt  of  the  orders  of  said  board  of  education 
(which  orders  shall  state  at  what  bank  said  principal 
and  interest  are  payable),  deposit  in  such  bank  the  sum 
of  money  necessary  to  pay  said  principal  and  interest 
as  they  shall  become  due  and  payable. 


ARTICLE  XII. 

KINDERGARTENS. 


161.  (145.)  The  board  of  education  of  any  school  dis- 

trict  may  establish  a  kindergarten  school  or  a  kindergar-   nJ[f  artens' 
ten  department  in  any  school  under  its  control,  and  shall 
admit  to  such  kindergarten  school  or  department  any 
child  over  the  age  of  four  and  under  the  age  of  seven 
years  who  shall  be  a  resident  of  the  district;  provided,   Proviso. 
that  no  child  under  the  age  of  five  years  shall  be  admitted 
to  any  public  school  unless  such  school  shall  be  a  regu- 
larly organized  kindergarten  school  or  shall  have  a  kin- 
dergarten department. 

162.  (146.)  Every  teacher  in  a  kindergarten  school  or   Teachers 
department  shall  hold  a  special  kindergarten  certificate,   gartensmust 

'     hold  special 

issued  by  the  State  Board  of  Examiners.  certificate. 

Ibid. 

163.  (147.)  The  expense  of  kindergarten  schools  or  Expenses. 
departments  shall  be  paid  out  of  any  moneys  available 

for  the  current  expenses  of  the  schools,  and  in  the  same 
manner  and  under  the  same  restrictions  as  the  expenses 
of  the  other  schools  or  departments  shall  be  paid. 

6  s  i, 


82 


SCHOOL  LAW. 


ARTICLE  XIII. 


Ages  of 
pupils  in 
night  schools. 
Ibid. 


Term. 


Expenses. 
Ibid. 


Evening 
schools  for 
foreign-born 
residents. 
P.  L.  1907, 
Chap.  36. 


Teachers. 


Rules  and 
regulations. 


Course  of 
study. 


Appropriation. 
Ibid. 


EVENING  SCHOOLS. 

164.  ( 148.)  The  board  of  education  of  any  school  dis- 
trict may  establish  and  maintain  public  evening  schools 
for  the  instruction  of  persons  over  twelve  years  of  age 
residents  of  the  district,  and  unless  such  evening  schools 
shall  be  maintained  for  a  term  of  not  less  than  four 
months  in  each  year,  each  of  said  months  to  consist  of  at 
least  sixteen  evening  sessions  of  at  least  two  hours  each, 
said  district  shall  not  be  entitled  to  any  apportionment 
on  the  basis  of  the  number  of  teachers  employed  in  such 
schools  during  the  year  preceding  that  for  which  the 
apportionment  shall  be  made. 

165.  (149.)  The  expenses  of  evening  schools  shall  be 
paid  out  of  any  moneys  available  for  the  current  ex- 
penses of  the  schools,  and  in  the  same  manner  and  under 
the  same  restrictions  as  the  expenses  of  day  schools  shall 
be  paid. 

166.  (i.)  The  board  of  education  of  any  school  dis- 
trict may  establish  and  maintain  a  public  evening  school 
or  evening  schools  for  the  instruction  of  foreign-born 
residents  of  said  district,  over  fourteen  years  of  age,  in 
the  English  language  and  in  the  form  of  government  and 
the  laws  of  this  State  and  of  the  United  States.     Every 
teacher  employed  in  such  a  school  shall  hold  a  special 
teacher's  certificate,  valid  as  a  license  to  teach  in  such 
schools.     The  State  Board  of  Education  shall  prescribe 
rules  for  the  proper  control  and  management  of  such 
schools,  for  the  inspection  thereof,  for  the  granting  of 
certificates  to  teach  therein,  and  for  carrying  into  effect 
the  purposes  of  this  act.    The  course  of  study  in  each  of 
such  schools  and  any  changes  therein  shall  be  submitted 
to  and  shall  be  approved  by  the  State  Board  of  Educa- 
tion. 

167.  (2.)    Whenever  in  any  school  district  there  shall 
have  been  raised  by  special  appropriation  or  special  tax, 


SCHOOL  LAW.  83 

or  by  subscription,  or  both,  such  sum  as,  in  the  judgment 
of  the  State  Board  of  Education,  shall  be  sufficient  for 
the  maintenance  in  such  district  of  an  evening  school  or 
schools  as  aforesaid,  there  shall  be  paid  for  such  pur- 
pose to  the  custodian  of  the  school  moneys  of  said  dis- 
trict, on  the  order  of  the  Commissioner  of  Education,  an 
amount  equal  to  that  raised  therein  as  aforesaid,  which 
amount  shall  be  paid  by  the  State  Treasurer  on  the  war- 
rant of  the  State  Comptroller;  provided,  said  order  proviso, 
shall  not  be  issued  until  the  course  of  study  in  such 
school  or  schools  or  any  changes  therein  shall  have  been 

approved  by  the  State  Board  of  Education.  The  moneys   Limit  to 

~.  f          . ,  111-      state  appro- 

appropriated  by  the  State  as  aforesaid  to  any  school  dis- 

trict  shall  not  exceed  in  any  year  the  sum  of  five  thou- 
sand dollars.  The  custodian  of  the  school  moneys  of 
the  school  district  shall  be  the  legal  custodian  of  any  and  mone>'s- 
all  funds  appropriated,  raised  or  subscribed  for  the 
maintenance  of  such  evening  schools.  He  shall  keep  a 
separate  and  distinct  account  thereof,  and  shall  disburse 
said  moneys  on  orders  signed  by  the  president  and  dis- 
trict clerk  or  secretary  of  the  board  of  education. 

168.  (3.)  The  board  of  education  of  any  school  dis- 
trict  receiving  an  appropriation  from  the  State  for  the 
purpose  mentioned  in  this  act  shall  annually,  on  or  be-   Ibid- 
fore  the  first  day  of  August,  make  a  special  report  to  the 
Commissioner  of  Education  in  the  manner  and  form 
prescribed  by  him. 

169.  (4.)   The  State  Board  of  Education  may,  from  Assistance 
time  to  time,  appoint  suitable  persons  to  assist  in  carry- 
ing out  the  provisions  of  this  act  and  to  encourage  the 
establishment  of  such  evening  schools.     The  persons  so 
appointed  shall  receive  no  compensation  for  their  serv- 
ices, but  shall  be  paid  the  necessary  expenses  incurred 

by  them  under  the  provisions  of  this  act. 

170.  (5.)  The  expenses  incurred  in  carrying  out  the   Expenses 
provisions  of  this  act  shall  be  paid  by  the  State  Treas-  met!" 
urer  on  the  warrant  of  the  State  Comptroller,  but  no 
expense  shall  be  incurred  nor  payment  made  for  any  of 


SCHOOL  LAW. 

the  purposes  named  in  this  act  until  an  appropriation 
therefor  shall  have  been  made  in  a  regular  appropriation 
bill. 

ARTICLE  XIV. 


Free 

text-books. 
P.  L, 1903, 
Special 
session. 


Rules  for 

text-books. 

Ibid. 


School 
officers  and 
teachers  not 
to  be 

interested  in 
furnishing 
text-books. 
Ibid. 


TEXT-BOOKS  AND  SUPPLIES. 

171.  (150.)  Text-books  and  school  supplies  shall  be 
furnished  free  of  cost  for  use  by  all  pupils  in  the  public 
schools.     Every  school  district  shall  raise  and  appropri- 
ate annually  in  the  same  manner  as  other  school  moneys 
shall  be   raised  and   appropriated   in   such   district  an 
amount  sufficient  to  pay  for  such  text-books  and  sup- 
plies. 

172.  (151.)  Every  board  of  education  shall  make  rules 
for  safekeeping  and  proper  care  of  text-books,  and  shall 
keep  an  account  of  all  moneys  expended  by  it  for  such 
text-books  and  supplies,  and  shall  report  the  same  in  its 
annual  financial  statement. 

173.  (152.)  It  shall  be  unlawful  for  any  County  Super- 
intendent of  Schools,  member  of  a  board  of  education, 
teacher  or  any  person  officially  connected  with  the  pub- 
lic schools  to  be  agent  for,  or  to  be  in  any  way  pecuni- 
arily or  beneficially  interested  in  the  sale  of  any  text- 
books, maps,  charts,  school  apparatus  or  supplies  of  any 
kind  or  to  receive  compensation  or  reward  of  any  kind 
for  any  such  sale  or  for  unlawfully  promoting  or  favor- 
ing the  same.    A  violation  of  the  provisions  of  this  sec- 
tion shall  be  punishable  by  removal  from  office  or  by 
revocation  of  certificate  to  teach. 


ARTICLE  XV. 


Regular  at- 
tendance at 
school. 
P.  L.  1909, 
Chap.  144. 


COMPULSORY  EDUCATION. 


174.  (153.)  Every  parent,  guardian  or  other  person 
having  control  of  a  child  between  the  ages  of  seven  and 
seventeen  years  inclusive  shall  cause  such  child  to  reg- 


SCHOOL  LAW.  85 

ularly  attend  a  day  school  in  which  at  least  the  common 
school  branches  of  reading-,  writing,  arithmetic,  spell-  ftudkd.8 
ing,  English  grammer  and  geography  are  taught  by  a 
competent  teacher,  or  receive  equivalent  instruction 
elsewhere  than  at  school,  unless  such  child  is  above  the 
age  of  fifteen  years  and  has  completed  the  grammar 
school  course  (prescribed  by  the  State  Board  of  Edu- 
cation), and  in  addition  thereto  is  regularly  and  law- 
fully employed  in  some  useful  occupation  or  service. 
Such  regular  attendance  shall  be  during  all  the  days  ft«^a^e 
and  hours  that  the  public  schools  are  in  session  in  the 
school  district  in  which  the  child  resides,  unless  it  shall 
be  shown  to  the  satisfaction  of  the  Bioard  of  Educa- 
tion of  the  school  district  in  which  such  child  resides, 
that  the  bodily  or  mental  condition  of  such  child  is 
such  as  to  prevent  his  or  her  attendance  at  school.  If  Jf  u"emP!°-y?d' 

to  attend  high 

such  child  be  under  the  age  of  seventeen  years  and  has  t°rral™fng  school, 
completed  the  grammar  school  course  and  is  not  regu- 
larly and  lawfully  employed  in  any  useful  occupation 
or  service,  such  child  shall  attend  the  high  school  or 
manual-training  school  in  said  school  district  in  which 
such  child  resides,  if  there  is  a  high  school  or  manual- 
training  school  in  said  district;  if  there  is  no  high 
school  or  manual-training  school  in  said  school  district, 
said  child  shall  be  transported  to  a  high  school  or 
manual-training  school  as  provided  in  the  act  to  which 
this  is  an  amendment.  Any  child  above  the  age  or  Exemption 

'  under  cer- 

fourteen  years  who  submits  satisfactory  evidence  to  3St?onsn" 
the  Board  of  Education  of  the  school  district  in  which 
such  child  resides,  that  it  is  necessary  that  such  child 
should  be  employed  in  some  occupation  or  service, 
may  be  granted  by  said  Board  of  Education  a  certifi- 
cate exempting  him  or  her  from  the  provisions  of  this 
section,  such  exemption  to  continue  so  long  as  said 
child  shall  be  regularly  employed  as  aforesaid. 

175.    (154.)   Any  parent,  guardian  or  other  person   faei?ureyto°r 
having  the  legal  control  of  any  child  who  shall  fail  to 


comply  with  the  provisions  of  section  one  hundred  and    Special 

session. 


86  SCHOOL  LAW. 

fifty-three  of  this  act  shall  be  deemed  to  be  a  dis- 
orderly person,  and  upon  sworn  complaint  made  by  the 
truant  officer  or  other  person  designated,  to  any  justice 
o-f  the  peace,  police  justice  or  city  or  town  recorder 
acting  as  such  within  the  municipality  wherein  such 
school  district  shall  be  situate,  shall  be  apprehended 
upon  warrant  issued  to  any  constable  of  the  county, 
and  upon  conviction  shall  be  punishable  as  a  disorderly 
person. 

™£  176.  (155.)  The  board  of  education  of  each  school  dis- 

trict may  appoint,  and  may  remove  at  pleasure,  one  or 
more  persons  to  be  designated  as  truant  officers,  and 
may  fix  their  compensation,  prescribe  their  duties,  not 
inconsistent  with  the  provisions  of  this  article,  and  shall 
make  rules  and  regulations  for  the  performance  of  such 
duties,  (a) 

177.  (156.)  The  police  authorities  in  any  municipality 
having  an  organized  police  force  shall,  upon  the  writ- 
ten request  of  the  board  of  education  of  the  school  dis- 
trict situate  in  such  municipality,  detail  one  or  more 
members  of  said  police  force  to  act  as  truant  officers. 
Any  police  officer  so  detailed  shall  have  all  the  powers 
granted  to  truant  officers  under  the  provisions  of  this 
article  as  fully  as  if  appointed  as  such  truant  officers 
by   the   board   of   education.      Whenever   the   words, 
"truant-officer"  are  used  in  this  article,  the  same  shall 
apply  as  well  to  the  person  or  persons  designated  under 
section  one  hundred  and  fifty-five,  as  to  those  desig- 
nated in  this  section. 

178.  (157.)  Every  child  between  the  ages  of  seven  and 
fourteen   years   who   shall  be   repeatedly  absent   from 
school,  or  found  away  from  home  during  school  hours, 
or  whose  parent,  guardian  or  other  person  having  legal 
control  of  such  child  is  unable  to  cause  him  to  attend 
school,  or  who  shall  be  habitually  a  truant  from  school, 
or  who  shall  habitually  wander  about  the  streets  and 


fa)    See  sections  286  and  287. 


SCHOOL  LAW. 


public  places  of  any  municipality  during  the  school 
hours  having  no  lawful  business  or  occupation,  or  any 
pupil  who  shall  be  incorrigible,  actually  vagrant,  vicious 
or  immoral  in  conduct,  or  who  shall  fail  to  comply  with 
the  provisions  of  sections  one  hundred  and  sixty-one 
and  one  hundred  and  sixty-two  of  this  act,  shall  be 
deemed  and  adjudged  to  be  a  disorderly  person  and 
proceeded  against  as  provided  in  section  one  hundred 
and  fifty-nine  of  this  act. 

179.  (158.)  Every  truant  officer  or  other  person  desig- 
nated by  a  board  of  education  who  shall  find  any  child 
between  seven  and  fourteen  years  of  age  away  from 
home  during  school  hours,  who  shall  then  be  a  truant 
from  school  shall  take  such  child  and  deliver  him  to 
his  parent,  guardian,  or  other  person  having  legal  con- 
control  of  such  child,  or  to  the  teacher  of  the  school 
which  such  child  is  lawfully  required  to  attend;  said 
truant  officer,  or  other  person  shall  examine  into  all 
violations  of  the  provisions  of  this  act  when  requested 
so  to  do  by  the  Commissioner  of  Labor  or  by  the  board 
of  education  of  the  district  for  which  he  shall  have 
been  appointed  or  detailed,  and  shall  thereupon  warn 
any  child  or  pupil,  its  parent,  guardian  or  other  person 
having  legal  control  of  such  child  or  pupil  in  writing  oi 
the  consequences  of  such  violations  if  persisted  in,  and 
shall  request  that  the  said  parent,  guardian  or  other  per- 
son cause  the  said  pupil  to  improve  his  conduct,  or  said 
child  attend  school  within  five  days  from  serving  said 
notice  in  writing,  and  cause  said  child  to  attend  regularly 
thereafter;  in  the  event  said  parent,  guardian  or  other 
person  having  control  of  said  child  or  pupil  shall  fail, 
neglect  or  refuse  to  cause  said  pupil  to  improve  his  con- 
duct, or  fail,  neglect  or  refuse  to  cause  said  child  to  at- 
tend school  within  said  period  and  to  attend  regularly 
each  day  during  the  remaining  period  of  compulsory 
attendance,  unless  regularly  excused  from  school  attend- 
ance by  the  board  of  education,  said  parent,  guardian 


Duties  of 

truant 

officer. 

P.  L.    IQOS 

Chap.  180. 


Notice  to 
parents. 


Penalty  for 
not  sending 
child  to 
school. 


88 


SCHOOL  LAW. 


Complaint. 
P.  L.  1903, 
Special 
session. 


Disposition 
of  child. 


or  other  person  having  legal  control  of  such  child  or 
pupil  shall  be  deemed  to  be  a  disorderly  person  and 
liable  to  prosecution  without  further  notice. 

180.  (159.)  In  the  case  of  the  offenses  set  out  in  sec- 
tion one  hundred  and  fifty-seven  it  shall  be  the  duty  of 
the  truant  officer  or  other  person  designated,  when  re- 
quested by  the  board  of  education  of  the  school  district, 
to  make  a  complaint  thereof  under  oath  before  any  justice 
of  the  peace,  police  justice  or  city  or  town  recorder  of  the 
municipality  where  such  school  district  shall  be  situate, 
who  shall  issue  his  warrant  directed  to  any  constable  of 

Apprehension,  the  county  to  immediately  apprehend  such  child  so  com- 
plained of  and  bring  him  before  him,  who,  after  an 
examination  had  as  to  the  offense  charged  may  either 
direct  said  child  so  complained  of  to  be  delivered  to  his 
parent,  guardian  or  other  person  entitled  to  its  legal 
control,  or  to  the  teacher  of  the  class  in  the  school  at 
which  said  child  shall  or  ought  to  attend,  or  send  the 
complaint  to  the  clerk  of  the  court  for  the  trial  ot  juve- 
nile offenders,  meanwhile  committing  such  boy  or  girl 
to  the  county  jail  to  await  trial  or  punishment  as  a  juve- 
nile offender,  or  parole  him  or  her  to  await  trial  as 
such  before  the  court  for  the  trial  of  juvenile  offenders 
in  and  for  the  county  in  which  such  school  district  shall 
be  situate. 

181.  (160.)  Such  truant  officer  shall  report  promptly 
every  such   arrest  and  the  disposition  made   of  such 
arrested  child  to  the  board  of  education  of  the  school 
district  where  said  child  shall  be  lawfully  required  to 
attend  school,   or  to  such  person  as  said  board  may 
direct. 

182.  ( 161.)  The  board  of  education  of  any  school  dis- 
trict may  establish  and  maintain  a  school  or  schools,  or 
may  set  apart  separate  rooms  in  a  public  school  build- 
ing for  the  use,  restraint  and  instruction  of  children 
between  the  ages  of  seven  and  fourteen  years  who  shall 
be  habitual  truants  from  school,  or  who  shall  be  habit- 


Officer's 

report. 

Ibid. 


Parental 

school. 

Ibid. 


SCHOOL  LAW.  89 

ually  insubordinate  or  incorrigible  and  disorderly  dur- 
ing their  attendance  at  school.  Such  school  or  room 
shall  be  known  as  a  parental  school. 

183.  (162.)  Said  board  of  education  may  compel  any 
such  child  to  attend  such  parental  school  and,  with  the   Ibid- 
consent,  in  writing,  of  the  parent,  guardian  or  other 
person  having  legal  control  of  such  child,  may  cause 
such  child  to  be  restrained  and  instructed  therein  for 
such  a  period  and  under  such  rules  and  regulations  as 
said  board  of  education  may  prescribe. 

184.  (163.)   If  any  such  child  shall  not  attend  such   ^aii 
school,  then  he  or  she  shall  be  proceeded  against  as  a  dis-  Ibid- 
orderly  person  as  set  out  in  sections  one  hundred  and 
fifty-seven  and  one  hundred  and  fifty-nine  of  this  act. 

185.  (164.)  Any  parental  school  established  under  the 
provisions  of  this  article  shall  be  maintained  as  other 
public  schools   shall   be   maintained   in  the   district   in 
which  it  shall  be  situate  under  such  rules  and  regula- 
tons  as  the  board  of  education  of  such  district  may  pre- 
scribe. 

186.  (165.)  The  board  of  education  of  a  school  dis- 
trict  in  which  there  shall  be  no  parental  school,  may  send 
children  who  shall  be  residents  of  such  school  district  £hop0airental 
and  who  shall  be  habitual  truants  or  insubordinate  or   ] 
incorrigible  as  defined    in    this    article,    to    a   parental 

school  in  an  adjoining  school  district,  by  and  with  the 
consent  of  the  board  of  education  of  the  district  in 
which  said  parental  school  shall  be  situate.  Any  ex- 
pense incurred  by  a  board  of  education  under  the  pro- 
visions of  this  section  may  be  paid  out  of  any  moneys 
raised  by  special  district  tax  for  the  current  expenses 
of  the  school. 

187.  (i.)  Whenever  a  complaint  shall  be  made  to  a 
magistrate  against  the  parent,  guardian  or  other  person 
having  the  legal  control  of  any  child,  or  against  any 
child  between  the  ages  of  seven  and  fourteen  years,  for 
failing  to  comply  with  any  of  the  provisions  of  Article 


SCHOOL  LAW. 

XV.  of  the  act  to  which  this  is  a  supplement,  and  there 
is  no  provision  in  any  other  law  in  this  state  for  com- 
pensation to  the  magistrate  for  issuing  his  warrant  and 
holding  an  examination  as  to  the  offense  charged,  the 
board  of  education  of  the  school  district  wherein  the 
complaint  shall  be  made,  may,  in  its  discretion,  order 
and  direct  the  payment  of  a  proper  bill,  made  out  and 
sworn  to  by  such  magistrate,  and  not  to  exceed  the  sum 
of  fifty  cents  for  the  issuing  of  a  warrant,  holding  the 
examinations  and  disposing  of  the  matter  before  him,, 
and  such  payment  shall  be  made  from  the  special  dis- 
trict tax  raised  for  the  current  expenses  of  said  dis- 
trict. 

ARTICLE  XVI. 


Trustees  of 
school  fund. 
P.  L.  1903, 
Special 
session. 


Secretary 
of  board. 
Ibid. 


Riparian 
lands  part 
of  school 
fund. 
Ibid. 


SCHOOL  FUND. 

188.  (166.)  The  Governor,  the  Attorney-General,  the 
Secretary  of  State,  the  State  Comptroller  and  the  State 
Treasurer  (a)  are  hereby  constituted  a  Board  of  Trus- 
tees of  the  Fund  for  the  Support  of  Public  Schools 
arising  from  appropriations  heretofore  made  or  which 
may  be  hereafter  made  by  law,  or  which  may  arise  trorn 
gift,   grant,   bequest  or  devise,   which  board  shall   be 
known  as   "The  Trustees   for  the  Support  of  Public 
Schools." 

189.  ( 167.)  The  Secretary  of  State  shall  be  the  Secre- 
tary of  said  board.    He  shall  record  in  a  book  to  be  kept 
for  that  purpose  the  proceedings  of  said  board  and  the 
accounts  to  be  furnished  by  the  State  Treasurer  as  here- 
inafter directed. 

190.  (168.)  All  lands  belonging  to  this  state  now  or 
formerly  lying  under  water  are  appropriated   for  the 
support   of   public   schools,    and   all   moneys   hereafter 
received  from  the  sales  of  such  lands  shall  be  paid  to 
"The  Trustees  for  the  Support  of  Public  Schools/'  and 


(a)   The  Commissioner  of  Education  is  a  member  of  the  Board  of  Trustees. 
See  section  8. 


SCHOOL  LAW.  91 

shall  be  invested  by  said  board,  and  shall  constitute  a 
part  of  the  permanent  school  fund  of  the  state. 

191.  (169.)   All  leases  which  have  been  heretofore   income 

from  leases. 

made,  or  which  shall  be  hereafter  made  of  such  lands,   ibid, 
shall  be  held  by  "The  Trustees  for  the  Support  of  Public 
Schools"  as  a  part  of  the  principal  of  the  school  fund, 
and  the  income  arising-  from  said  leases  shall  be  a  part 
of  the  income  of  said  school  fund. 

192.  (170.)  Moneys  belonging  to  the  school  fund  shall  investment* 
be  invested  by  said  board  in  the  bonds  of  the  several 

school  districts  of  this  state,  or  in  the  bonds  of  the  United 
States,  or  of  this  state,  or  in  the  bonds  of  any  county, 
city,  incorporated  town,  township  or  borough  of  this 
state  the  total  indebtedness  of  which  shall  not  exceed 
in  the  aggregate  fifteen  per  centum  of  the  total  assess- 
able valuation  of  all  taxable  property  therein,  and  the 
interest  thereof  shall  be  a  part  of  the  income  of  said 
school  fund.  The  income  of  said  school  fund  shall  be  useof 
used  for  the  support  of  public  schools,  the  payment  of 
the  salaries  of  the  County  Superintendents  erf  Schools, 
the  payment  of  premium's  and  accrued  interest  on  bonds 
purchased  by  the  "Trustees  for  the  Support  of  the  Pub- 
lic Schools,"  and  for  no  other  use  or  purpose  whatso- 
ever. An  account  of  the  management  of  said  fund  shall  Annual 

accounting. 

be  laid  before  the  Legislature  with  the  annual  statements 
of  the  State  Treasurer's  accounts;  No  compensation 
shall  be  paid  to  said  trustees  or  treasurer  for  any  serv- 
ices performed  in  pursuance  of  this  article,  (a) 

193.  (171.)  Said  board  shall  not  invest  any  part  of  the   Mortgage  in- 

vestments. 

principal  or  interest  of  said  fund  in  bonds  secured  by    Ibid- 
mortgage  on  lands  except  as  hereinafter  provided. 

(a)  i.  The  trustees  for  the  support  of  public  schools  are  the  custodians  of  the 
fund  set  apart  for  the  support  of  public  schools,  free  by  constitutional  pro- 
vision from  even  the  control  of  the  legislature,  except  in  the  designation  of 
the  mode  in  which  the  interest  and  dividends  arising  therefrom  shall  be 
applied  for  the  support  of  public  schools.  For  the  purposes  of  the  adminis- 
tration of  the  fund  of  which  they  are  made  custodians  and  of  the  rights  and 
remedies  upon  or  against  the  securites  in  which  it  is  invested,  the  trustees  are 
constituted  the  representatives  of  the  State.  American  Dock  and  Improvement 
Co.  v.  Trustees  of  Public  Schools,  8  Stew.  181. 

2.   See  sections  275   and   276. 


SCHOOL  LAW. 


Foreclosure. 
Ibid. 


Proviso. 


Purchase 
property  at 
foreclosure 
sale. 
Ibid. 


Proviso. 


Payment  of 
taxed  costs. 


Sale  of 
real  estate. 
Ibid. 


Loan  on 
mortgage. 


194.  (172.)   Said  board  shall  cause  foreclosure  pro- 
ceedings to  be  commenced  without  delay  whenever  the 
interest  on  bonds   secured  by  mortgage  held  by  said 
board  as  part  of  the  school  fund  shall  remain  unpaid  for 
the  space  of  six  months ;  provided,  that  whenever  fore- 
closure proceedings  shall  have  been  commenced,   said 
board  may,  in  its  discretion,  discontinue  the  same  upon 
the  payment  of  accrued  interest  and  the  costs  of  such 
proceedings. 

195.  (173.)  Said  board  may  bid  for  and  purchase  any 
lands  and  premises  exposed  to  sale  under  the  order  and 
decree  of  any  court  for  the  payment  and  satisfaction 
of   any  mortgage   incumbrance   thereon  held  by   said 
board,  and  may  take  and  hold  title  to  the  lands  and 
premises  so  purchased  in  and  by  its  official  name  as  a 
part  of  the  principal  of  the  school  fund;  provided,  that 
said  board  shall  not  bid  a  higher  price  for  such  lands 
and  premises  than  shall  be  sufficient  to  produce  the 
amount  due  upon  said  mortgage  incumbrance  and  costs. 
The  taxed  costs  attending  such  proceedings  and  sale, 
if  any,  shall  be  paid  by  the  State  Treasurer  on  the  war- 
rant of  the  State  Comptroller. 

196.  (174.)  All  real  estate  now  held  by  "The  Trustees 
for  the  Support  of  Public  Schools,"  and  all  real  estate 
that  may  be  hereafter  acquired  by  them  under  foreclos- 
ure proceedings  shall  be  sold,  either  at  private  or  public 
sale,  at  such  times  and  at  such  prices  as  will,  in  the 
judgment  of  said  board,  be  for  the  best  interests  of  the 
state.     Said  board  may  advertise  such  properties,  either 
at  private  or  public  sale,  in  such  manner  as  to  it  shall 
seem  judicious,  and  the  proceeds  of  such  sale  shall  be 
paid  into  the  school  fund,  and  shall  be  invested  by  said 
board  as  other  moneys  of  said  fund  shall  be  invested. 
Said  board  may  loan  to  the  purchaser  of  any  said  real 
estate,  one-half  of  the  amount  of  purchase-money,  the 


SCHOOL  LAW.  93 


same  to  be  secured  by  bond  and  mortgage  on  the  prem- 
ises so  purchased,  (a) 

197.  (175.)  The  State  Treasurer  shall  make  annually 

to  said  board  on  the  first  day  of  the  annual  meeting  of  the  1Iebfdslature' 
Legislature,  and  at  such  other  times  as  said  board  shall 
require,  a  statement  of  the  school  fund,  containing  an 
account  of  the  securities  belonging  thereto  with  the 
dates  of  investment,  their  values,  and  the  interest  aris- 
ing from  each  class  of  securities,  together  with  an  ac- 
count of  the  moneys  in  the  treasury  belonging  to  said 
fund. 

198.  (176.)  There  shall  be  annually  apportioned  and 
paid  from  the  income  of  the  school  fund  for  the  support  Ibid- 
of  public  schools  two  hundred  thousand  dollars.     If  the 
income  of  said  fund  shall  not  have  been  received  in  full, 

or  shall  be  insufficient  for  such  appropriation,  the  sum  Provision  for 
necessary  to  make  up  the  deficiency  shall  be  drawn  tiuin 
the  State  Treasury  on  the  warrant  of  the  State  Comp- 
troller, which  sum  so  drawn  as  aforesaid  shall  be  re- 
placed fromi  the  income  of  said  school  fund  as  soon  as 
the  same  shall  have  been  received. 

199.  (i.)  It  shall  be  lawful  for  the  Trustees  for  the 
Support  of  Public  Schools  to  arrange  with  any  munici- 

pality  in  this  State  to  change  any  bonds  heretofore  Chap-236- 
purchased,  or  now  held  or  hereafter  purchased  by  said 
trustees,  from  coupon  to  registered  bonds,  and  it  shall 
be  lawful  for  any  municipality  issuing  such  bonds  so 
held  by  said  trustees  to  detach  from  such  bonds  the 
coupons  thereon  and  cancel  the  same,  and  stamp  upon 
such  bonds  the  registration  thereof,  and  the  necessary 
agreement  for  the  payment  of  the  interest  thereon  to 
effectuate  the  provisions  of  this  act. 

Within  sixty  days  after  the  passage  of  this  act  every 
coupon  bond  in  the  possession   of  said  trustees,   and 


(a)  A  bond  and  mortgage  given  to  the  trustees  for  the  support  of  public 
schools  cannot  be  deducted  from  the  valuation  of  real  and  personal  estate  for 
which  an  individual  shall  be  assessed  for  taxes.  Montgomery  v.  Trenton,  n 
Vr.  89. 


94 


SCHOOL  LAW. 


every  coupon  bond  thereafter  acquired  immediately 
upon  the  receipt  thereof,  shall  have  stamped  upon  the 
bond  and  upon  each  coupon  the  following:  "This  is 
the  property  of  the  trustees  for  the  Support  of  Public 
Schools." 

ARTICLE  XVII. 


Appropriation 

from  state 

fund. 

P.  L.  1903, 

Special 

session. 


State  school 
tax. 


Rate  of  tax 


Apportion- 
ment by  state 
comptroller. 


STAT£  SCHOOL   TAX. 

200.  (177.)  For  the  purpose  of  maintaining  free  pub- 
lic schools  there  shall  be  appropriated  each  year  from  any 
moneys  in  the  State  Treasury  not  otherwise  appro- 
priated such  sum,  not  less  than  one  hundred  thousand 
dollars,  as  may  be  determined  by  the  Legislature  in  the 
annual  appropriation  act;  which  sum  shall  be  appor- 
tioned among  and  paid  to  the  several  counties  in  the 
proportion  that  the  ratables  of  each  of  said  counties 
shall  bear  to  the  total  ratables  of  the  state  as  exhibited 
by  the  latest  abstract  of  ratables  filed  in  the  office  of  the 
State  Comptroller.  In  addition  to  the  amount  so  de- 
termined and  appropriated,  a  state  school  tax  shall  be 
annually  assessed,  levied,  and  collected  upon  the  taxable 
real  and  personal  property  in  the  state,  as  exhibited  by 
the  latest  abstract  of  ratables  from  the  several  counties 
made  out  by  the  several  boards  of  assessors  and  filed  in 
the  office  of  the  State  Comptroller.  Said  tax  shall  be 
such  an  amount  as  will  make,  when  added  to  the  amount 
determined  and  appropriated  as  aforesaid,  a  sum  equal 
to  two  and  three-fourths  mills  on  each  dollar  of  valua- 
tion of  the  taxable  real  and  personal  property  in  the 
state  as  exhibited  by  the  last  abstract  of  ratables  from 
the  several  counties  made  out  by  the  several  boards  of 
assessors  and  filed  in  the  office  of  the  State  Comptroller, 
which  tax  shall  be  assessed,  levied  and  collected  at  the 
same  time  and  in  the  same  manner  as  other  taxes  shall 
be  assessed,  levied  and  collected.  The  State  Comp- 
troller shall  apportion  said  tax  and  appropriation 
among  the  several  counties  in  proportion  to  the  amount 


SCHOOL  LAW.  95 

of  taxable  real  and  personal  estate  of  said  counties, 
respectively,  as  shown  by  the  abstract  of  ratables  as 
aforesaid,  and  he  shall  transmit  on  or  before  the  first 
day  of  February  in  each  year,  to  the  State  Board  of 
Education,  a  statement  of  the  amount  of  said  tax  and 
appropriation,  apportioned  as  aforesaid,  and  to  the 
County  Collector  a  statement  of  the  amount  of  said  tax 
apportioned  to  and  payable  by  said  county,  and  said 
County  Collector  shall  lay  said  statement  before  the 
board  of  assessors  of  the  townships,  cities,  incorporated 
towns,  boroughs  and  wards  within  his  county  at  its 
next  annual  meeting,  and  said  board  of  assessors  shall 
thereupon  apportion  said  school  tax  as  other  taxes  art 
apportioned,  and  the  same  shall  be  assessed,  levied  and 
collected  according  to  law.  (a) 

201.  (178.)  Every  County  Collector  shall  pay  to  the 
State  Treasurer  the  quota  of  the  State  school  tax  from  tc0ols1teactteor 
his  county  on  or  before  the  twentieth  day  of  January   ibS!1"5*' 
next  after  the  assessment  thereof.    In  case  any  collector  Penalty  for 
or  other  officer  having  the  custody  o>f  collected  taxes  p«yU15a. 
shall  fail  or  neglect  to  pay  to  the  County  Collector  the 
full  amount  of  State  school  tax  due  from  his  taxing  dis- 
trict on  or  before  the  twenty-second  day  of  December, 
said  County  Collector  shall  give  to  the  County  Superin- 
tendent of  Schools  written  notice  of  such  failure  or  neg- 
lect, and  said  County  Superintendent  of  Schools  shall 
withhold  from  every  school  district  in  said  taxing  dis- 
trict, the  full  amount  apportioned  to  it  out  of  the  reserve 
fund  for  the  support  of  the  school  or  schools  situate 
within  said  taxing  district,  and  said  County  Superintend- 
ent of  Schools  in  making  the  next  apportionment  of 
school  moneys  shall  reapportion  the  amount  of  the  re- 


(a)  i.  School  taxes  are  to  be  levied  and  applied  for  the  school  year  succeed- 
ing the  assessment.  Elisabeth  v.  Sheridan,  13  Vr.  64. 

z.  The  board  of  assessors  in  apportioning  the  State  and  school  taxes  among 
the  several  townships  in  a  county  must  distribute  them  according  to  the 
value  of  the  property,  after  deducting  debts,  as  shown  by  the  duplicates  of 
the  assessors  of  the  several  townships  of  the  then  present  year  and  not  of  the 
preceding  year.  Skirm  v.  Cox,  Q  Vr.  302. 


96 


SCHOOL  LAW. 


Retention     of 
apportion- 
ment from 
state  tax. 


Apportion- 
ment of 
reserve  fund. 
Ibid. 


serve  fund  so  withheld  among  the  several  school  districts 
in  his  county.  Said  County  Superintendent  of  Schools 
shall  also  withhold  from  the  custodian  of  the  school 
moneys  of  any  school  district  the  order  for  the  amount 
of  money  apportioned  out  of  the  State  school  tax  to  said 
district,  until  the  collector  or  other  officer  authorized  to 
collect  taxes  in  the  taxing  district  in  which  said  school 
district  shall  be  situate  shall  have  paid  to  the  County 
Collector  the  full  amount  of  the  State  school  tax  due 
from  said  taxing  district,  and  the  body  having  the  con- 
trol of  the  finances  of  any  township,  city,  incorporated 
town,  borough  or  other  municipality  in  which  shall  be 
situate  a  school  district  from  which  shall  have  been 
withheld  as  hereinbefore  provided,  the  amount  appor- 
tioned out  of  the  reserve  fund  for  the  support  of  schools, 
shall  forthwith  appropriate  to  said  school  district,  out 
of  any  funds  under  its  control,  a  sum  equal  to  the 
amount  so  withheld,  and  in  case  there  shall  be  no  funds 
available  for  such  purpose,  the  body  having  control  of 
the  finances  of  such  municipality  shall  borrow  and  ap- 
propriate a  sum  sufficient  for  such  purpose,  and  shall 
place  the  amount  so  borrowed  in  the  next  annual  tax 
levy,  (a) 

202.  (179.)  Ten  per  centum  of  the  full  amount  of  the 
State  school  tax  annually  raised  shall  be  known  as  a 
reserve  fund,  and  shall,  on  or  before  the  fifteenth  day 
of  February  in  each  year,  be  apportioned  among  the 
several  counties  by  the  State  Board  of  Education  equit- 
ably and  justly  according  to  its  discretion.  The  Com- 
missioner of  Education  shall,  on  or  before  the  fifteenth 
clay  of  January  next  ensuing  said  apportionment,  draw 
an  order  on  the  State  Comptroller  in  favor  of  each 
County  Collector  for  ninety  per  centum  of  the  amount 

(a)  i.  A  mandamus  will  be  allowed  to  compel  townships  to  pay  state  and 
county  taxes  out  of  the  first  moneys  collected.  Veghte  v.  Bernards,  i$  Vr. 
338. 

2.  A  peremptory  mandamus  will  issue  for  the  payment  of  State  and  county 
taxes  by  a  city  where  it  has  collected  sufficient  moneys  for  city,  county  and 
State  purposes  to  pay  such  taxes.  Shields  v.  Paterson,  26  Vr.  495. 


SCHOOL  LAW. 


97 


of  the  State  school  tax  paid  by  said  County  Collector 
to  the  State  Treasurer,  and  said  County  Collector  shall 
apply  for  and  be  entitled  to  receive  the  amount  of  said 
order  as  soon  as  said  order  shall  be  received  by  him. 
The  Commissioner  of  Education  shall  also  draw  his 
order  in  favor  of  each  County  Collector  for  such  por- 
tion of  the  reserve  fund  as  shall  have  been  apportioned 
to  his  county  as  aforesaid,  which  order  shall  be  payable 
when  the  total  amount  of  said  reserve  fund  shall  have 
been  received  by  the  State  Treasurer,  (a) 

203.  (180.)   The  State  Comptroller  shall  draw  his 
warrant  on  the  State  Treasurer  in  favor  of  the  County 
Collector  of  each  county  for  the  portion  of  the  income 
of  the  State  School  Fund,  of  the  State  appropriation  and 
State  school  tax  to  which  said  county  shall  be  entitled, 
whenever  such  County  Collector  shall  present  orders  for 
the  same  drawn  by  the  Commissioner  of  Education. 

204.  (181.)  The  County  Collector  of  each  county  shall 
receive  and  hold  in  trust  that  part  of  the  State  appro-     ?  tnS? 
priation  and  State  school  tax  apportioned  to  his  county, 

and  shall  pay  the  same  to  the  custodians  of  the  school 
moneys  of  the  several  school  districts  of  his  county  on 
the  orders  of  the  County  Superintendent  of  Schools,  (b) 


collector. 
] 


ne: 


(a)    See  section  292. 

(&)  i.  A  county  collector  is  not  required  or  permitted  to  exercise  any 
discretion  as  to  how  much  of  the  State  appropriation  the  several  township 
collectors  in  the  county  are  entitled  to  receive  from  him.  The  question  as 
between  these  officers  is  settled  conclusively  by  the  order  of  the  county 
superintendent  of  public  schools.  The  notion  that  a  county  collector  can,  in 
any  case,  lawfully  reduce  the  amount  by  setting  up  some  counter-claim, 
whether  in  his  own  behalf  or  in  behalf  of  his  county,  and  whether  against 
the  township  collector,  personally,  or  against  his  township,  is  neither  justified 
by  the  language  nor  consistent  with  the  policy  of  our  School  laws.  Herder 
v.  Collector,  &c.,  7  Vr.  363. 

2.  The  county  collector  of  each  county  shall   receive  and  hold  in   trust  the 
State  appropriation   for  public  schools   belonging  to   his   county,    and   pay   the 
same  to  the  collectors  of  the  several  townshps  and  to  the  city  treasurers  only 
on   the   orders    of   the   county    superintendents,    and    is    responsible    for    these 
moneys  if  otherwise  expended.     Elizabeth  v.  Sheridan,   13   Vr.  64. 

3.  A   mandamus   lies   against   a   county    collector   who    utilises    to    pay    over 
school  moneys.     Herder  v.   Hunterdon,  7    Vr.   363. 

4.  A  mandamus  will  be  allowed  for-  the  payment  of  the  county  superintend- 
ent's order   for  the   State  appropriation   for   public   schools   when   the   moneys 


98 


SCHOOL  LAW. 


District 
boards  to 
report  to 
county  su- 
perintendent. 
P.  L.  1907, 
Chap.  122. 


School 
attendance. 


Apportion- 
ment of 
school 
moneys. 


Amount  for 
supervisor  or 
city  superin- 
tendent. 


205.  (182.)  The  Board  of  Education  of  each  school 
district  shall,  on  or  before  the  fifteenth  day  of  March  in 
each  year,  certify  to  the  County  Superintendent  of 
Schools  for  the  county  in  which  such  school  district  shall 
be  situate,  and  on  the  blanks  furnished  for  that  purpose 
by  the  Commissioner  of  Education,  the  number  of 
teachers  who  shall  have  been  employed  in  the  schools  of 
such  district  for  the  full  time  the  schools  therein  shall 
have  been  kept  open  during  the  then  current  school  year, 
and  the  number  of  teachers  who  shall  have  been  em- 
ployed in  said  schools  for  a  portion  of  said  year,  but  for 
a  period  of  not  less  than  four  months,  specifying  the 
grade  in  which  each  of  such  teachers  shall  have  been 
employed.  There  shall  also  be  certified  as  aforesaid 
the  number  of  pupils  who  shall  have  attended  a  public 
school  in  a  district  other  than  that  in  which  they  reside, 
and  for  whom  tuition  fees  shall  have  been  paid  by  the 
Board  of  Education,  specifying  the  grade  in  which  each 
of  such  pupils  shall  have  been  enrolled  during  said  year, 
and  also  the  number  of  such  pupils  for  whom  transporta- 
tion has  been  provided,  and  the  cost  thereof. 

The  said  County  Superintendent  of  Schools  shall,  on 
or  before  the  first  day  of  April  in  each  year,  apportion 
to  the  several  school  districts  of  said  county  the  State 
school  moneys,  and  the  interest  of  the  surplus  revenue 
in  the  following  manner  : 

I.  (a)  The  sum  of  six  hundred  dollars  to  each  dis- 
trict in  which  there  shall  have  been  employed  a  Super- 
vising Principal  or  City  Superintendent  of  Schools,  who 
shall  have  devoted  his  entire  time  to  the  supervision  of 
the  schools  in  such  district,  but  if  two  or  more  districts 
shall  have  united  in  employing  a  Supervising  Principal 

have  been  applied  for  school  purposes  in  the  preceding  year  beginning  Janu- 
ary  ist.     Elizabeth  v.   Sheridan,   13   Vr.  64. 

5.  A  county  collector,  upon  mandamus,  will  be  ordered  to  pay  over  to  the 
treasurer  of  a  town  or  township  collector  the  amount  of  school  moneys  ap- 
portioned to  said  tlllrn  or  township,  for  which  the  collector  holds  the  order 
of  the  county  superintendent,  although  the  town  treasurer  or  township  col- 
lector may  owe  to  the  county  collector  moneys  due  for  State  and  county 
taxes.  Plainfield  v.  Sheridan,  16  Vr.  276. 


SCHOOL  LAW.  99 

as  aforesaid,  the  six  hundred  dollars  apportioned  for 
such  principal  shall  be  apportioned  among  said  districts 
in  the  proportion  that  the  number  of  teachers  employed 
in  each  of  said  districts  shall  bear  to  the  total  number  of 
teachers  employed  in  all  of  the  districts  uniting  in  em- 
ploying said  Supervising  Principal,  (a) 

(b)  The  sum  of  four  hundred  dollars  for  each  assist-  f^J^JJ 
ant  superintendent  and  supervisor,  other  than  the  Super-  superintend- 
vising  Principal,  employed  in  the  district,  and  permanent 
teacher  employed  in  a  high  school  or  high  school  depart- 
ment having  a  full  four  years'  course  of  study,  which 

shall  have  been  approved  by  the  State  Board  of  Educa- 
tion, (b) 

(c)  The  sum  of  three  hundred  dollars  for  each  per-   For  each 
nianent  teacher  employed  in  a  high  school  or  high  school 
department  having  a  full  three  years'  course  of  study, 
which  shall  have  been  approved  by  the  State  Board  of 
Education.(fr) 

(d)  The  sum  of  two  hundred  dollars  for  each  per-   For  each 

teacher   in 

nianent  teacher  employed  in  an  ungraded  school,  or  in  a  ^Jd^  less 
kindergarten,  primary  or  grammar  department  or  in  a 
high  school  department  having  a  course  of  study  of  less 
than  three  full  years,  which  course  of  study  shall  have 
been  approved  by  the  State  Board  of  Education. (b) 

(e)  The  sum  of  eighty  dollars  for  each  temporary   For  temporary 
teacher  who  shall  have  been  employed  for  a  period  of  not 

less  than  four  months. 

(/)   The  sum  of  eighty  dollars  for  each  teacher  em-   For  night 
ployed  in  an  evening  school  for  the  full  time  such  school  t«eh«*. 
shall  have  been  maintained ;  provided,  the  Board  of  Edu-   Ptoviso. 
cation  shall  certify  that  said  evening  school  has  been 
maintained  at  least  four  months  during  the  school  year 
preceding  that   for  which  the  apportionment  shall  be 
made;  provided  further,  if  any  such  teacher  shall  have   Proviso, 
been  also  employed  in  the  day  schools  of  the  same  dis- 

(a)  See  section  96. 

(b)  See  section  3.  div.  X. 


100 


SCHOOL  LAW. 


For  each  high 
school  pupil 
in  other 
district. 


For  each 
pupil  in 
•ther  district. 


For  trans- 
ported pupil. 


Proviso. 


75  per  cent, 
of  transporta- 
tion. 


Proviso. 


As  to  manual 

training 

teachers. 


trict,  the  apportionment  aforesaid  shall  be  made  for  such 
teacher  in  addition  to  any  amount  apportioned  for  him 
as  teacher  in  such  day  schools. 

(g)  The  sum  of  twenty-five  dollars  for  each  pupil 
who  shall  have  attended  a  high  school  or  a  high  school 
department  in  a  district  other  than  that  in  which  he  re- 
sides, and  for  whom  a  tuition  fee  shall  be  paid  by  the 
Board  of  Education. 

(h)  The  sum  of  five  dollars  for  each  pupil  who  shall 
have  attended  an  ungraded  school  or  a  kindergarten, 
primary  or  grammar  school  department,  in  a  district 
other  than  that  in  which  he  resides,  and  for  whom  a 
tuition  fee  shall  have  been  paid  by  the  Board  of  Edu- 
cation. 

(i)  The  sum  of  two  hundred  dollars  to  each  district 
in  which  the  Board  of  Education  shall  have  provided 
proper  means  for  the  transportation  of  pupils  in  accord- 
ance with  the  provisions  of  this  act,  so  long  as  proper 
transportation  shall  be  provided;  provided,  that  no  ap- 
propriation shall  be  made  for  transportation  unless  the 
services  of  a  teacher  shall  have  been  dispensed  with  by 
reason  of  substituting  transportion  for  the  services  of 
such  teacher.  < 

(&)  Seventy-five  per  centum  of  the  cost  of  transpor- 
tation of  pupils  to  a  public  school  or  schools  in  a  district 
other  than  that  in  which  such  pupils  reside;  provided, 
that  such  apportionment  shall  not  be  made  to  any  dis- 
trict in  which  a  schoolhouse  shall  be  closed  by  reason 
of  providing  such  transportation. 

In  making  such  apportionment  teachers  employed  in 
a  manual  training  schopl  or  department  in  a  district 
receiving  an  appropriation  from  the  State  for  such  man- 
ual training  school  or  department  and  who  shall  have 
devoted  at  least  one-half  of  the  time  the  schools  in  said 
district  shall  have  been  kept  open  to  school  work  other 
than  manual  training,  shall  be  regarded  as  temporary 
teachers  only,  but  no  apportionment  shall  be  made  for 


SCHOOL  LAW.  101 

teachers  who  shall  have  devoted  their  entire  time  to 
teaching  in  such  manual  training  school  or  department. 

II.  He  shall  apportion  to  the  several  school  districts  ^^0^. 
of  the  county  the  remainder  of  said  moneys  on  the  basis  ^eyfsscl  °°l 
cf  the  total  days'  attendance  of  all  pupils  enrolled  in  the 
public  schools  thereof  as  ascertained  from  the  last  pub- 
lished report  of  the  Commissioner  of  Education.  For 
the  purpose  of  such  apportionment  an  attendance  upon 
an  evening  school  shall  be  counted  as  one-half  day's 
attendance.  If  a  school  in  any  district  shall,  on  account 
of  contagious  disease,  destruction  of  the  schoolhouse  by 
fire  or  otherwise,  or  for  other  good  reason,  be  closed, 
for  the  purpose  of  this  apportionment,  such  school  shall 
be  deemed  to  have  been  in  session,  and  the  total  days' 
attendance  upon  such  school  for  the  time  it  shall  have 
been  closed  as  aforesaid  shall  be  determined  by  dividing 
the  actual  total  days'  attendance  of  the  pupils  enrolled 
in  such  school  by  the  number  of  days  such  school  shall 
have  been  actually  in  session,  and  multiplying  the  quo- 
tient thus  obtained  by  the  number  of  school  days  such 
school  shall  have  been  closed. 

206.  (183.)  On  or  before  the  fifteenth  day  of  Septem-  ^an^.e  paid 
ber  in  each  year  the  custodian  of  the  school  moneys  of 
each  school  district  shall  pay  to  the  County  Collector  the 
balance  of  moneys  apportioned  to  said  district  by  the 
County  Superintendent  of  Schools,  which  may  then  be 
in  his  hands  to  the  credit  of  said  district,  and  shall  report 
forthwith  to  the  County  Superintendent  of  Schools  the 
amount  thus  paid  over,  and  the  County  Collector  shall, 
on  or  before  the  first  day  of  October  in  each  year,  report 
to  trfe  County  Superintendent  of  Schools  of  his  county 
the  amount  of  money  received  by  him  by  virtue  of  the 
provisions  of  this  section,  and  said  County  Superin- 
tendent of  Schools  shall  thereupon  reapportion  such  Reappor- 
amount  among  all  the  school  districts  in  said  county.  1 
The  sum  thus  reapportioned  shall  be  paid  immediately 
by  the  County  Collector  to  the  several  custodians  of 
the  school  moneys  of  said  districts  on  the  orders  of  the 


102  SCHOOL  LAW. 

County  Superintendent  of  Schools,  and  shall  be  available 
for  the  then  current  school  year.  The  sum  thus  reap- 
portioned  to  any  district  shall  be  in  addition  to  the  sum 
apportioned  to  such  district  by  the  County  Superin- 
viso.  tendant  of  Schools  for  said  school  year;  provided,  that 

the  County  Superintendent  of  Schools  may,  for  good 
cause  shown,  allow  any  such  balance  to  remain  in  the 
hands  of  the  custodian  of  the  school  moneys  of  such 
district  to  the  credit  of  such  district,  and  such  balance 
may  thereafter  be  used  and  expended  by  the  Board  of 
Education  of  such  school  district  for  the  purpose  of 
paying  teachers'  salaries  and  fuel  bills,  or,  by  and  with 
the  written  consent  of  the  County  Superintendent  of 
Schools,  for  the  improvement  of  schoolhouses  and 
grounds,  the  purchase  of  school  furniture,  or  for  any 
other  purpose  connected  with  the  schools  of  such  dis- 
trict, (a) 

ARTICLE:  XVIII. 


Custodian  of 
school 
moneys. 
Ibid. 


Orders 


Proviso. 


CUSTODIAN    OF   SCHOOIv    MONEYS. 

207.  ( 184.)  In  each  school  district  there  shall  be  a  cus- 
todian of  school  moneys,  who  shall  receive  and  hold  in 
trust  all  school  moneys  belonging  to  such  school  district, 
whether  received  from  the  State  appropriation,  State 
school  tax,  district  tax,  appropriation,  or  from  other 
sources,  and  shall  pay  out  the  same  only  on  orders  signed 
by  the  president  and  district  clerk  or  secretary  of  the 
Board  of  Education.  Each  order  shall  specify  the  object 
for  which  it  shall  be  given,  and  shall  be  made  payable  to 
the  order  of  and  shall  be  indorsed  by  the  person  entitled 
to  receive  the  amount  named  therein;  provided,  that  in 
the  payment  of  teachers'  salaries  a  pay-roll,  certified  by 
the  president  and  district  clerk  or  secretary  of  the  Board 
of  Education,  stating  the  names  of  the  teachers  and  the 
amount  to  be  paid  to  each,  may  be  delivered  to  the  cus- 

(a)   For  railroad  tax  see  sections   290   to  295. 


SCHOOL  LAW. 


103 


todian  of  school  moneys,  accompanied  by  one  order  or 
warrant,  drawn  to  his  order,  for  the  full  amount  of  said 
pay-roll,  in  which  case  said  custodian  shall  deliver  to 
said  district  clerk  or  secretary  individual  checks  payable 
to  the  order  of  said  teachers.  Said  custodian  shall  pay 
over  the  balance  of  school  funds  remaining  in  his  hands 
to  his  successor  in  office.  He  shall  keep  in  the  books 
provided  for  that  purpose  a  record  of  the  sums  received 
and  paid  out  by  him.  At  the  close  of  the  school  year  he 
shall  transmit  to  the  Board  of  Education  of  the  district 
a  report  showing  the  amounts  received  and  disbursed 
by  him  for  school  purposes  during  said  year,  and  shall 
file  a  duplicate  of  such  report  with  the  County  Superin- 
tendent of  Schools. (a) 

208.  (185.)  The  person  designated  by  law  as  the  cus- 
todian of  the  moneys  belonging  to  the  municipality  in 
which  the  school  district  shall  be  situate,  or  the  collector, 
when  designated  by  such  Board  of  Education,  shall  be 
the  custodian  of  the  school  moneys  of  such  district,  and 
shall  receive  such  compensation  as  the  township  com- 
mittee, common  council,  or.  other  governing  body  of  such 
municipality  shall  determine,  which  compensation  shall 
be  paid  by  said  township  committee,  common  council  or 
other  governing  body  from  the  funds  of  the  township, 
incorporated  town,  borough,  city  or  other  municipality, 
and  the  bonds  given  by  said  collector  or  other  person 
for  the  faithful  performance  of  his  duty  as  such  officer, 
shall  be  held  to  cover  and  secure  the  faithful  perform- 
ance of  his  duty  as  custodian  of  school  moneys,  and  the 
bondsmen  thereon  shall  be  liable  therefor;  and  his 
bondsmen  shall  remain  and  be  legally  bound  for  the 
faithful  performance  of  his  duties  as  such  custodian 
until  the  final  settlement  of  his  accounts;  nothing  in 
this  article  shall  be  construed  as  giving  to  the  township 
committee,  common  council  or  other  governing  body  of 
any  municipality  any  control  over  moneys  belonging  to 
the  school  district  in  the  hands  of  the  custodian  of  the 


Annual 
report. 


Municipal 

custodian 

of  school 

funds. 

P.  L.  1908, 

Chap.  223. 


Bond. 


(a)   See  foot-notes  to  section    100. 


104 


SCHOOL  LAW. 


Moneys  held 
in  trust. 


Joint  school 
district. 


Payment  of 
moneys  to 
custodian. 
P.  L.  1903, 
Special 
session. 


school  moneys  of  said  district,  but  said  money  shall  be 
held  by  such  custodian  in  trust,  and  shall  be  paid  out 
by  him  only  on  orders  legally  issued  and  signed  by  the 
president  and  district  clerk  or  secretary  of  the  Board  of 
Education;  any  ordinance,  by-law  or  resolution  of  a 
township  committee,  common  council  or  other  governing 
body  of  any  municipality  attempting  to  control  such 
moneys,  or  which  shall  in  any  way  prevent  the  custodian 
of  the  school  moneys  of  the  school  district  from  paying 
the  orders  of  the  Board  of  Education  as  and  when  they 
shall  be  presented  for  payment  shall  be  absolutely  void 
and  of  no  effect;  whenever  any  school  district  shall 
contain  more  than  one  municipality  the  Board  of  Educa- 
tion may  appoint  a  suitable  person  as  custodian  of 
school  moneys  of  said  district,  and  may  fix  his  salary 
and  term  of  office.  Such  custodian  shall  give  bonds  for 
the  faithful  discharge  of  his  duties  in  such  amount 
and  with  such  sureties  as  said  board  shall  direct,  but 
such  bonds  shall  be  for  a  sum  not  less  than  the  amount 
apportioned  to  said  district  by  the  County  Superintend- 
ent of  Schools;  until  the  appointment  of  a  custodian  of 
school  moneys  by  the  Board  of  Education,  the  collector 
or  other  person  residing  in  the  municipality  situate  in 
such  school  district  having  the  largest  amount  of  taxable 
property  shall  be  custodian  of  the  school  moneys  of  such 
district,  (a) 

209.  (186.)  The  collector  or  treasurer  of  each  munici- 
pality in  which  a  school  district  shall  be  situate,  shall  pay 
to  the  custodian  of  the  school  moneys  of  such  school  dis- 
trict the  amount  ordered  to  be  assessed,  levied  and  col- 
lected in  such  municipality  for  the  use  of  the  public 
schools  therein  exclusive  of  the  State  school  tax,  on  the 
requisition  or  requisitions  of  the  Board  of  Education.  (&) 

(a)  Money  raised  and  placed  in  the  hands  of  an  officer  for  a  specific 
purpose  cannot  be  lawfully  applied  to  any  other  purpose.  Hoboken  v.  Ivison, 
&fc.,  5  Dutcher  65. 

(&)  A  township  collector  is  not  required  to  pay  over  to  the  township  com- 
mittee taxes  which  he  is  directed  by  the  legislature  to  pay  over  to  other 
persons  or  to  retain  in  his  own  keeping  as  their  official  custodian.  Hardyston 
v.  Harden,  39  Vr.  76. 


SCHOOL  LAW.  105 

210.  (187.)   Whenever  there  shall  have  been  estab-   Singfund> 
lished  a  sinking  fund  for  the  payment  of  school  bonds 

and  there  is  no  officer  or  body  designated  by  law  as  the 
custodian  of  the  funds  belonging  to  such  sinking  fund, 
the  custodian  of  the  moneys  of  the  corporation  which 
shall  have  issued  such  bonds  shall  be  the  custodian  of  the 
securities  and  moneys  belonging  to  such  fund,  and  the 
bondsmen  on  his  bond  as  such  custodian  shall  be  liable 
for  the  safekeeping  of  said  fund. 

211.  (188.)  Whenever  any  order  for  payment  of  the  wi^n  school 

orders  draw 

current  expenses  of  a  public  school  shall  be  drawn  and  jJJJ£eft 
issued  by  any  Board  of  Education  on  the  custodian  of 
the  school  moneys  of  such  district,  and  there  shall  be 
no  funds  in  the  hands  of  such  custodian  to  pay  the  same, 
such  order  shall  bear  legal  interest  until  such  time  as 
said  custodian  shall  have  funds  to  pay  the  same,  of 
which  fact  he  shall  give  public  notice,  whereupon  said 
interest  shall  cease.  \ 

212.  (189.)  If  any  custodian  of  the  school  moneys  of      n" 
any  school  district  shall  fail  to  make  and  transmit  his 
report  to  the  Board  of  Education  of  the  district,  or  shall 

fail  to  make  and  transmit  his  report  to  the  County  Su-  p.'  9 
perintendent  of  Schools  on  or  before  the  first  day  of 
August  in  any  year,  he  shall  forfeit  to  said  school  district 
the  sum  of  ten  dollars  for  each  day  thereafter  until  he 
shall  have  made  and  transmitted  his  report  to  the  Board 
of  Education  of  the  district  and  to  the  County  Superin- 
tendent of  Schools.  Said  sum  shall  be  sued  for  and  col- 
lected by  the  district  clerk  or  secretary  of  the  Board  of 
Education  of  said  district  in  any  court  of  competent 
jurisdiction. 

ARTICLE  XIX. 

STATE  NORMAL,  SCHOOL. 

213.  (190.)  State  normal  schools  shall  be  maintained   normal 

schools. 

for  the  purpose  of  training  and  educating  persons  in  the   |-  i-. 


io6 


SCHOOL  LAW. 


Free  tuition. 


Supervision. 
Ibid. 


Treasurer. 
Ibid. 


Repairs  and 

insurance. 

Ibid. 


Pupils; 
number, 
declaration. 
Tbid. 


Model 

schools. 

Ibid. 


science  of  education  and  art  of  teaching.  The  name  and 
title  of  each  such  school  shall  be  designated  by  the  State 
Board  of  Education.  Tuition  in  said  schools  shall  be 
free. 

214.  (191.)  The  State  Board  of  Education  shall  have 
the  control  and  care  of  the  buildings  and  grounds  owned 
and  used  by  the  State  for  normal  schools  and  of  the 
funds  for  the  support  thereof;  shall  appoint  and  re- 
move principals,  teachers  and  other  employes,  and  shall 
fix  their  salaries;  shall  purchase  and  furnish  text-books, 
apparatus  and  supplies  for  the  use  of  the  pupils;  shall 
prescribe  courses  of  study  for  such  schools;  shall  make 
rules  for  their  management  and  shall  grant  diplomas. 

215.  (192.)  The  State  Board  of  Education  shall  ap- 
point a  suitable  person  as  treasurer  of  each  of  said 
schools,  and  shall  fix  his  salary.     All  bills  and  charges 
for  the  maintenance  of  said  schools,  except  as  herein- 
after provided,  shall  be  paid  by  the  treasurer  thereof 
upon  the  certificate  of  said  board. 

216.  (193.)  Said  board  shall  order  necessary  repairs 
to  the  grounds,  buildings  and  furniture  of  said  normal 
schools,  and  shall  keep  said  buildings  and  furniture  in- 
sured.   The  State  Comptroller  shall,  upon  the  certificate 
of  said  board,  draw  warrants  upon  the  State  Treasurer 
for  the  payment  of  the  cost  thereof. 

217.  (194.)  Each  county  shall  be  entitled  to  at  least 
six  times  as  many  pupils  in  such  schools  as  it  shall  have 
representatives  in  the  Legislature.     In  case  any  county 
shall  not  have  the  full  number  of  pupils  to  which  it  shal) 
be  entitled,  pupils  may  be  admitted  from  other  counties. 
Pupils  when  admitted  shall  sign  a  declaration  that  they 
intend  to  teach  in  the  public  schools  of  this  State  for  at 
least    two    years   immediately   after   being   graduated, 
unless  excused  temporarily  by  the  State  Board  of  Edu- 
cation, and  that  if  they  do  not  so  teach  they  will  refund 
to  the  State  the  cost  of  their  education. 

218.  (195.)  The  State  Board  of  Education  may  main- 
tain model   schools   under   regular  teachers,   in  which 


SCHOOL  LAW. 


107 


NormaUchoot* 
p.  L.  1910,  ' 


pupils  of  the  normal  schools  shall  have  the  opportunity 
to  observe  and  practice  approved  methods  of  instruction 
and  discipline. 

219.  (i.)  The  moneys  collected  by  the  State  Board  of 
Education  for  tuition  fees  from  the  model  school  and 
for  board  at  the  boarding  halls  connected  with  the  State 
normal  and  model   schools,   and  paid   into  the   State 
treasury  pursuant  to  the  provisions  of  an  act  entitled 
"An  act  regulating  the  receipt  and  disbursement  of  State 
moneys  in  certain  cases,"  approved  October  thirty-first, 
one  thousand  nine  hundred  and  seven,  and  the  supple- 
ments thereto  and  amendments  thereof,  shall  be  held  in 
trust  by  the  State  Treasurer,  no  part  thereof  to  lapse 
into  the  general  fund  of  the  State  at  the  close  of  the 
State  fiscal  year,  and  shall  be  paid  out  by  the  State 
Treasurer  upon  the  warrant  of  the  Comptroller  for  the 
maintenance  of  the  normal  school  boarding  halls  and 
the  model  school  upon  bills  duly  certified  and  audited 
by  the  State  Board  of  Education. 

220.  (2.)  In  the  purchase  of  provisions  and  supplies 
for  the  boarding  halls  of  said  schools  the  State  Board  of 
Education  is  authorized  to  purchase  by  contract  or  other- 
wise, without  first  advertising  for  bids  for  the  same, 
as  it  shall  deem  for  the  best  interests  of  the  schools. 

ARTICLE  XX. 

NEW  JERSEY  SCHOOL  FOR  THE  DEAF. 

221.  (196.)  A  school  shall  be  maintained  for  the  pur-  pa™ej903 
pose  of  training  and  educating  deaf  children.    The  name   ^gJion1. 
and  title  of  said  school  shall  be  "The  New  Jersey  School 

for  the  Deaf."    Tuition  in  said  school  shall  be  free.  Free  tuition. 

222.  (197.)  The  State  Board  of  Education  shall  have  Control, 
the  control  and  care  of  the  buildings  and  grounds  owned  ibld.er 
and  used  by  the  State  for  a  school  for  the  deaf  and  the 
funds  for  the  support  thereof;  shall  appoint  and  remove 

a  superintendent,  teachers  and  other  employes  and  shall 
fix  their  salaries;  shall  purchase  furniture,  text-books, 
school  apparatus  and  other  supplies;  shall  make  rules 


io8 


SCHOOL  LAW. 


Maintenance. 
Ibid. 


Advertise- 
ments for 
supplies. 


Award 
contract. 


Qualifications 
of  pupils. 
Ibid. 


Proviso. 


and  regulations  for  the  government  and  management  of 
said  school  and  for  the  admission  of  pupils  thereto. 

223.  (198.)  All  improvements,  additions  and  repairs 
to  the  buildings  of  said  school  and  the  furnishing  thereof 
shall  be  by  contract,  after  due  notice  given  and  specifica- 
tions furnished.    The  State  Board  of  Education  shall  in- 
vite proposals  twice  in  each  year,  at  intervals  of  six 
months,  for  supplying  said  school  with  dry  goods,  wear- 
ing apparel,  groceries,  provisions,  vegetables,  fuel,  illu- 
minating material  and  all  other  articles  the  necessity  of 
which  it  shall  be  practicable  to  determine  as  being  needed 
for  the  then  ensuing  six  months.    The  standard  quality 
of  such  articles  shall  be  determined  by  the  board,  and 
standard  samples  of  non-perishable  articles  shall  be  kept 
in  the  office  of  the  superintendent  for  the  inspection  of 
bidders.     The  inviting  of  proposals  shall  be  advertised 
for  ten  consecutive  days  in  two  daily  newspapers  pub- 
lished in  the  city  of  Trenton,  which  advertisement  shall 
classify   the   articles  which   shall   be  grouped   in  each 
bid,  and  shall  also  state,  as  nearly  as  practicable,  the 
quantity  needed,  and  that  said  goods  are  to  be  delivered 
during  the  next  ensuing  six  months  as  ordered  by  said 
superintendent.     Said  board  shall  award  the  contract  to 
the  lowest  responsible  bidder  on  each  class  or  group  of 
articles  advertised  for,  and  shall  require  contractors  to 
enter  into  suitable  bonds  for  the  faithful  performance  of 
said  contracts.     But  said  board  shall  have  the  right  to 
reject  any  and  all  bids  not  considered  by  it  to  be  in  the 
interests  of  said  school. 

224.  (199.)  Deaf  persons  of  suitable  age  and  capacity 
for  instruction  who  shall  be  legal  residents  of  this  State 
and  not  over  twenty-one  years  of  age,  shall  be  entitled  to 
the  privileges  of  the  school  for  such  a  period  of  time, 
not  exceeding  fourteen  years,  as  the  State  Board  of 
Education    shall   determine;   provided,   that   whenever 
more  persons  apply  for  admission  at  one  time  than  can 
be  properly  accommodated  in  said  school,  said  board 
shall  so  apportion  the  number  received  that  each  county 


SCHOOL  LAW.  109 

shall  be  represented  therein  in  the  ratio  of  its  deaf  popu- 
lation to  the  total  deaf  population  of  the  State.  Ap-  ^lS^n. 
plication  for  admission  into  said  school  shall  be  made 
to  the  State  Board  of  Education  by  a  parent,  guardian 
or  friend  of  the  proposed  pupil  in  such  manner  as  said 
board  shall  direct,  but  the  board  shall  require  such  appli- 
cation to  be  accompanied  by  a  certificate  from  the  judge 
of  the  inferior  court  of  common  pleas  or  the  county  clerk 
of  the  county,  the  chosen  freeholder  or  clerk  of  the 
township,  the  mayor  or  other  executive  officer  of  the  city, 
borough  or  other  municipality  in  which  the  applicant 
shall  reside,  setting  forth  that  the  applicant  is  a  legal 
resident  of  the  township,  city,  borough  or  other  munici- 
pality claimed  as  his  or  her  residence,  and  the  age, 
circumstances  and  capacity  of  such  proposed  pupil,  and 
the  ability  or  inability  of  such  proposed  pupil  or  of  his 
or  her  parent  or  guardian  to  pay  any  part  of  the  expense 
of  the  care  and  maintenance  of  such  proposed  pupil. 
Whenever  said  board  shall  be  satisfied  that  the  resources  when  charge 
of  any  person  applying  for  admission  to  such  school  or 
being  a  pupil  thereat,  or  those  of  his  or  her  parent  or 
guardian  shall  be  sufficient  to  defray  either  the  whole 
or  a  part  of  the  expense  of  maintaining  such  pupil,  said 
board  may  require  such  parent  or  guardian  to  pay  either 
the  whole  or  such  portion  of  the  annual  expense  of  main- 
taining such  pupil  as  it  shall  deem  just  and  equitable. 

225.  (200.)  The  State  Board  of  Education  shall  ap-   Treasurer, 
point  some  suitable  person  treasurer  of  said  school  and 

shall  fix  his  salary.  All  bills  and  charges  for  the  main- 
tenance of  said  school  shall  be  paid  by  said  treasurer 
upon  the  certificate  of  said  board. 

AJRTICLE  XXI. 

MANUAL  TRAINING  AND  INDUSTRIAL  SCHOOL  FOR  COL- 
ORED YOUTH. 

226.  (201.)   The  "Manual  Training  and  Industrial    Control  of 

Bordentown 

School  for  Colored  Youth"  (now  located  at  Bordentown) 


no 


SCHOOL  LAW. 


Tuition  free. 


Number  of 
)upils. 


Ht 


Annual  ap- 
propriation 
to  Borden- 
town  school. 
P.  L.  1907. 
p.  285. 


Treasurer. 
P.  Iy.  1903, 
Special 

session. 


shall  be  hereafter  conducted  and  managed  by  the  State 
Board  of  Education,  which  board  shall  have  the  full  man- 
agement and  control  thereof;  shall  have  the  care  and 
charge  of  the  buildings  and  property  thereof;  the  appli- 
cation and  expending  of  the  funds  provided  or  appropri- 
ated for  the  support  thereof;  the  appointment  and  re- 
moval of  a  principal,  teacher  and  other  employes ;  the  fix- 
ing and  paying  of  their  salaries ;  the  power  to  prescribe 
the  studies  and  exercises  of  said  school  and  rules  for  its 
management,  and  for  the  admission  of  pupils  thereto. 
Tuition  in  said  school  shall  be  free. 

227.  (202.)  Each  county  shall  be  entitled  to  as  many 
pupils  in  said  school  as  it  shall  have  representatives  in  the 
Legislature,  but  in  case  any  county  shall  not  have  in  said 
school  the  full  number  of  pupils  to  which  it  shall  be 
entitled,  pupils  may  be  admitted  from  other  counties. 

228.  (203.)  In  lieu  of  all  claims,  rights  and  title  that 
the  "Manual  Training  and  Industrial  School  for  Colored 
Youth"  has  or  may  hereafter  have  upon  the  annual  ap- 
propriation coming  to  this  State  from  Congress  under 
the  provision  of  the  supplement  to  the  act  of  Congress 
of  August  thirteenth,  one  thousand  eight  hundred  and 
ninety,  a  sum  not  to  exceed  twelve  thousand  dollars  may 
be  annually  appropriated  for  the  maintenance  of  said 
school  out  of  any  money  in  the  Sftate  treasury  not  other- 
wise appropriated. 

229.  (204.)  The  State  Board  of  Education  shall  ap- 
point some  suitable  person  treasurer  of  said  school  and 
shall  fix  his  salary. 


ARTICLE  XXII. 


MANUAL   TRAINING. 


Appropriation. 
Ibid. 


230.  (205.)  Whenever  in  any  school  district  there 
shall  have  been  raised  by  special  tax  or  by  subscription 
or  both,  a  sum  not  less  than  two  hundred  and  fifty  dol- 
lars for  the  establishment  in  such  district  of  a  school  or 


SCHOOL  LAW.  in 

schools  for  industrial  education  or  manual  training,  or 
for  the  purpose  of  adding  industrial  education  or  manual 
training  to  the  course  of  study  then  pursued  in  the  school 
or  schools  of  such  district,  there  shall  be  paid  for  such 
purpose  to  the  custodian  of  the  school  moneys  of  said 
district,  on  the  order  of  the  Commissioner  of  Educa- 
tion, an  amount  equal  to  that  raised  therein  as  afore- 
said, which  amount  shall  be  paid  by  the  State  Treas- 
urer on  the  warrant  of  the  State  Comptroller.     When- 
ever  such    school    or   schools    shall   have   been    estab- 
lished in  any  district,  or  said  industrial  education  or 
manual  training  shall  have  been  added  to  the  course  of 
study  in  the  school  or  schools  of  any  district,  there  shall 
be  paid  to  such  district  in  like  manner  for  the  main- 
tenance and  support  thereof  a  sum  equal  to  that  raised 
each  year  in  the  district  for  such  purpose;  provided,   Proviso. 
that  the  course  of  study  in  industrial  education  or  man- 
ual training  established  under  the  provisions  of  this 
section  shall  be  approved  by  the  State  Board  of  Educa- 
tion ;  and  provided  further,  that  the  moneys  appropriated   Proviso. 
by  the  State  as  aforesaid  to  any  school  district  shall 
not  exceed  in  any  one  year  the  sum  of  five  thousand 
dollars.     The  custodian  of  the  school  moneys  of  the  ^fJJJlg11 
school  district  shall  be  the  legal  custodian  of  any  and  all 
funds  subscribed,  appropriated  or  raised  for  the  purpose 
of  carrying  out  the  course  of  study  contemplated  by  this 
section,  and  he  shall  keep  a  separate  and  distinct  account 
thereof,  and  shall  disburse  said  moneys  on  orders  signed 
by  the  president  and  district  clerk  or  secretary  of  the 
Board  of  Education. 

231.  (206.)  In  case  the  sum  necessary  as  aforesaid  to  Additional 

x  managers. 

obtain  the  State  appropriation  or  any  part  thereof  shall  Ibid- 
have  been  raised  by  private  subscription,  the  Board  of 
Education  of  any  school  district  in  which  there  shall 
have  been  established  a  separate  school  for  industrial 
education  or  manual  training  under  the  provisions  of 
this  article,  may  select  from  among  the  donors  of  such 


112 


SCHOOL  LAW. 


Re-port. 
Tbid. 


sum  not  more  than  six  persons  to  assist  said  board  in  the 
management  of  said  school. 

232.  (207.)  The  Board  of  Education  of  any  school 
district  receiving  an  appropriation  from  the  State  for  the 
purpose  mentioned  in  this  article  shall  annually,  on  or 
before  the  first  day  of  August,  make  a  special  report  to 
the  Commissioner  of  Education  in  the  manner  and  form 
prescribed  by  him. 

ARTICLE  XXIII. 

SCHOOL    LIBRARIES. 


Library  ap- 
propriation. 
Ibid. 


Selection 
of  books. 
Ibid. 


Joint 
ibrary. 


233.  (208.)    The  State  Comptroller  shall  draw  his 
warrant  on  the  State  Treasurer  upon  the  order  of  the 
Commissioner  of  Education,  and  in  favor  of  the  cus- 
todian of  the  school  moneys  of  a  school  district  for 
the  sum  of  twenty  dollars  for  any  public  school  situ- 
ate in  such  district  for  which  there  shall  have  been  raised 
by  special  district  tax,  subscription  or  entertainment  a 
like  sum  to  establish  in  such  school  a  school  library,  or 
to  procure  books  of  reference,  school  apparatus  or  educa- 
tional works  of  art;  and  the  further  sum  of  ten  dollars 
annually  upon  a  like  order,  upon  condition  that  there 
shall  have  been  raised  by  special  district  tax,  subscrip- 
tion or  entertainment  a  like  sum  for  the  maintenance  of 
such  library  for  such  year. 

234.  (209.)   All  selections  of  articles  aforesaid  pur- 
chased in  part  by  State  funds  shall  be  approved  in  such 
manner  as  the  State  Board  of  Education  may  by  rule 
direct. 

235.  (210.)  In  any  school  district  in  which  there  shall 
be  more  than  one  schoolhouse,  the  school  library  com- 
mittees of  two  or  more  of  such  schools  may  consolidate 
and  establish  in  one  place  the  school  libraries  under  their 
control,   and   said  committees  shall   constitute  a  joint 
committee  for  the  control  and  management  of  such  con- 
solidated library. 


SCHOOL  LAW.  113 

ARTICLE  XXIV. 
TEACHERS'  LIBRARIES. 

236.  (211.)  Whenever  in  any  county  there  shall  have  tseup£°^,of 
been  raised  by  subscription  a  sum  of  money  not  less  libraries. 
than  one  hundred  dollars  for  the  establishment  of  a 
library  of  pedagogical  books  for  the  use  of  the  teachers 

of  the  public  schools,  the  State  Comptroller  shall, 
upon  the  order  of  the  Commissioner  of  Education, 
draw  his  warrant  on  the  State  Treasurer  in  favor  of  the 
County  Superintendent  of  Schools  of  said  county  for  the 
sum  of  one  hundred  dollars  for  the  benefit  of  such 
library,  and  annually  thereafter  there  shall  be  paid  on  a 
like  order  a  sum  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars,  upon  condition  that  there  shall 
have  been  raised  by  subscription  a  like  sum  for  the  main- 
tenance of  such  library  for  such  year. 

237.  (212.)  The  County  Superintendent  of  Schools   Committee^ 
and  three  teachers  of  public  schools  in  such  county  ap-  Ibid- 
pointed  by  him  shall  constitute  a  committee  to  select  and 
purchase  books  and  apparatus  for  such  library,  and  to 

make  rules  and  regulations  for  the  management,  use 
and  safekeeping  thereof. 

ARTICLE  XXV.  (a) 
TEACHERS'  RETIREMENT  FUND. 

238.  (213.)  There  shall  be  a  Board  of  Trustees,  to  be  Trustees  of 
known  as  "The  Board  of  Trustees  of  the  Teachers'  Re-  fundThow 

composed. 

tirement  Fund.  Said  board  shall  be  composed  of  the  p-^5I9°7' 
Commissioner  of  Education,  three  persons,  not  teachers, 
and  not  eligible  to  membership  in  said  fund,  to  be 
selected  by  the  Governor,  and  five  persons  mem- 
bers of  said  fund,  nominated  as  is  hereinafter  pro- 
Co)  Article  XXV  is  not  a  private,  local  or  special  law. 
The  title  of  "An  act  to  establish  a  thorough  and  efficient  system  of  free 
public  schools  and  to  provide  for  the  maintenance,  support  and  management 
thereof,"  expresses  a  single  object  and  the  creation  of  the  Board  of  Trustees 
of  the  Teachers'  Retirement  Fund  is  germane  thereto  and  one  of  the  products 
of  the  act.  Allen  v.  Passaic,  79  Atl.  Rep.  101. 

SSL 


SCHOOL  LAW. 


Office. 


Annual 

convention. 

Ibid. 


Term.  vidcd.    The  eight  persons  so  selected  or  nominated  shall 

be  appointed  by  the  Governor.     Said  trustees  shall  be 
appointed  each  for  a  term  of  four  years,  and  in  the 

Vacancies.  place  of  any  trustee  whose  term  shall  expire  a  successor 
shall  be  appointed  in  like  manner  for  the  term  of  four 
years.  A  vacancy  in  said  board  shall  be  filled  by  the 
Governor  for  the  unexpired  term  in  the  case  of  a 
trustee  to  be  selected  by  the  Governor  as  aforesaid,  and 
until  the  next  annual  convention  in  case  of  a  trustee 
nominated  as  is  hereinafter  provided.  At  said  conven- 
tion a  person  shall  be  nominated  to  fill  the  vacancy  for 
the  unexpired  term.  A  suitable  office  in  the  State 
House  at  Trenton  shall  be  provided  for  said  Board  of 
Trustees. 

239.  (214.)  The  annual  convention  of  the  Teachers' 
Retirement  Fund  shall  be  held  at  the  State  House  in 
Trenton,  at  twelve  o'clock  noon,  on  the  last  Saturday  in 
September  of  each  year,  for  the  purpose  of  nominating 
members  of  the  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund,  of  receiving  the  report  of  said  board,  and 
for  the  transaction  of  any  other  business  properly  within 

Delegates.  its  jurisdiction.  Said  convention  shall  be  composed  of 
delegates  from  each  county  in  the  State,  selected  as  is 
hereinafter  provided.  Said  convention  shall  be  called 
to  order  by  the  president  of  the  Board  of  Trustees,  and 
shall  organize  by  the  election  of  a  chairman  and  a  secre- 
tary. Bach  county  shall  be  entitled  to  be  represented 
in  such  convention  by  one  delegate  for  each  one  hundred 
teachers  in  said  county  who  are  members  of  the  fund, 
and  one  delegate  for  any  fraction  over  fifty;  provided, 
that  each  county  shall  be  entitled  to  at  least  one  delegate. 
Said  delegate  shall  be  elected  by  the  vote  of  a  majority 
of  the  members  of  the  fund  in  the  county  who  shall  be 
present  at  a  meeting  held  for  the  purpose  of  electing 
such  delegates.  Said  meeting  for  the  election  of  dele- 
gates shall  be  held  at  such  convenient  place  as  shall  be 
selected  by  the  County  Superintendent  of  Schools. 

Notice  of.  Notice  of  the  time  and  place  of  said  meeting  shall  be 
issued  by  said  County  Superintendent  at  least  ten  days 


Proviso. 


County 
convention. 


SCHOOL  LAW.  115 

before  the  date  of  said  meeting.  S'aid  meeting  shall 
organize  by  the  election  of  a  chairman  and  a  secretary.  Organization. 
Said  secretary  shall,  within  five  days  after  said  meeting, 
forward  to  the  president  of  the  Board  of  Trustees 
of  the  Teachers'  Retirement  Fund  a  certificate  con- 
taining the  names  and  addresses  of  the  delegates  elected 
to  the  annual  convention.  In  case  of  a  vacancy  in  the  County 

*  delegates. 

delegation  from  any  county,  the  remaining  delegates 
from  such  county  may  fill  such  vacancy  by  appointing 
a  teacher  in  said  county,  who  shall  possess  the  qualifica- 
tions hereinbefore  prescribed  for  delegates  to  such  con- 
vention. A  majority  of  all  the  delegates  entitled  to 
seats  in  said  convention  shall  constitute  a  quorum  for  the 
transaction  of  business. 

240.  (215.)  The  officers  of  the  Board  of  Trustees  of   <g™& 
the  Teachers'  Retirement  Fund  shall  be  a  president,  a  Ibid- 
vice-president  and  a  secretary.    The  president  and  vice- 
president  shall  be  members  of  the  Board  of  Trustees, 
shall  be  elected  annually  on  the  second  Saturday  in 
October,  and  shall  hold  office  for  one  year  and  until 
their  successors  shall  be  elected;  provided,  that  their  Proviso, 
terms  as  officers  shall  not  extend  beyond  their  respective 
terms  as  members  of  said  board.    The  term  of  office  of 
the  secretary  shall  be  fixed  by  said  board.     Said  board  Careoffund. 
shall  administer  the  fund  hereinafter  mentioned,  and 
order  all  payments  therefrom  in  the  manner  provided 
by  this  article.    Such  portion  of  said  fund  as  the  Board  Investments- 
of  Trustees  may  from  tirne  to  time  determine  may  be  in- 
vested in  the  following  securities,  being  securities  which 
are  now  authorized  by  law  for  savings  banks. 

I.  In  stocks  or  bonds,  or  interest-bearing  notes  or  JM3.M- 
c-bligations  of  the  United  States,  or  those  for  which  the 

faith  of  the  United  States  is  distinctly  pledged  to  pro- 
vide for  the  payment  of  the  principal  and  interest 
thereof. 

II.  In  the  interest-bearing  bonds  of  this  State,  or  in  g)c1JJ/ersey 
any  bonds  authorized  by  the  laws  of  this  State  to  be 

issued  by  any  commission  appointed  by  the  Supreme 
Court  of  this  State  by  virtue  of  any  law  of  this  State. 


n6 


SCHOOL  LAW. 


Bonds  of 

other  states. 


Municipal  or 
school  bonds. 


Proviso. 


Proviso. 


Other  city  or 
state  bonds. 


Proviso. 


Proviso. 


In  bond 

and  mortgage. 


III.  In  the  bonds  of  any  State  in  the  Union  that  has 
not,  within  ten  years  previous  to  mjaking  such  invest- 
ment, defaulted  in  the  payment  of  any  part  of  either 
principal  or  interest  in  any  debt  authorized  to  be  con- 
tracted by  any  law  of  such  State. 

IV.  In  the  bonds  of  any  county,  township,  munici- 
pality or  school  district  of  this  State  issued  pursuant  to 
the  authority  of  any  law1  of  this  State;  provided,  such 
county,  township,  municipality  or  school  district  shall 
not,  within  the  five  years  next  preceding,   have   de- 
faulted in  the  payment  of  any  part  of  either  principal 
or  interest  of  any  legal  debt  or  obligation  thereof ;  and 
provided  further,  the  total  indebtedness  of  any  borough 
and  village   does  not  exceed   ten  per  centum  of   its 
assessed  valuation,  and  such  school  district  bonds  are 
by  law  charged  upon  all  the  property  of  the  inhabitants 
of  such  district;  or  in  any  interest-bearing  obligation 
(other  than  obligations  commonly  known  as  improve- 
ment certificates)  issued  by  the  city,  county,  town,  town- 
ship, borough  or  village. 

V.  In  the  bonds  of  any  city  or  county,  or  any  other 
State  of  the  Union,  issued  pursuant  to  the  authority 
of  any  law  of  any  such  State;  provided,  such  city  or 
county  has  not,  within  ten  years  previous  to  making  such 
investment,  defaulted  in  the  payment  of  any  part  of 
either  principal  or  interest  of  any  debt  authorized  to 
be  contracted  by  any  law  of  such  State;  and  provided 
further,  the  total  indebtedness  of  any  such  city  or  county 
is  limited  by  law  to  ten  per  centum  of  its  assessed  valua- 
tion. 

VI.  In  bonds  secured  by  mortgages  which  shall  be 
a  first  lien  on  real  estate  situate  in  this  State,  and  worth 
at  least  double  the  amount  loaned  thereon,  but  not  to 
exceed  sixty  per  centum  of  the  whole  amount  of  the 
permanent  principal  of  the  fund  shall  be  so>  loaned  or 
invested;  but  in  case  the  loan  is  on  unimproved  or  un- 
productive real  estate,  the  amount  loaned  thereon  shall 
not  be  more  than  thirty  per  centum  of  its  actual  value ; 


SCHOOL  LAW.  117 

and  no  investment  in  any  bond  and  mortgage  shall  be 
made  except  upon  the  report  of  a  committee  of  at  least 
three  of  the  trustees,  and  two  members  of  which  com- 
mittee shall  certify  in  writing  to  the  value  of  the  premises 
mortgaged  or  to  be  mortgaged,  according  to  their  best 
judgment;  such  report  shall  be  filed  and  preserved 
among  the  records  of  the  trustees  of  the  fund. 

VII.  In  such  real  estate  as  shall  have  been  purchased 
or  acquired  by  the  fund  at  the  sales  upon  the  foreclosure 
of  mortgages  owned  by  the  fund,  or  upon  judgments 
or  decrees  obtained  or  rendered  for  debts  due  to  it,  or  in 
settlements  effected  to  secure  such  debts  or  in  satisfac- 
tion of  such  mortgages ;  and  all  such  real  estate  shall  be 
sold  by  said  fund  within  five  years  after  the  same  shall 
have  been  so  purchased,  unless,  upon  application  to  the 
Commissioner  of  Banking  and  Insurance,  he  shall  ex- 
tend the  time  within  which  such  sale  shall  be  made. 

All  moneys  so  invested  shall  be  deemed  to  be  part  of 
the  permanent  principal  of  said  fund,  and  the  income 
arising  from  said  moneys  so  invested,  together  with  all 
moneys  received  by  donation,  gift,  legacy,  bequest,  de-  f°nJjjteie°sf 
vise  or  otherwise,  and  which  shall  not  be  specifically 
directed  to  be  made  a  part  of  the  permanent  principal  of 
said  fund,  shall  be  available  for  the  payment  of  annuities 
under  this  article.  All  moneys  received  in  payment  of 
principal  of  bonds  or  other  securities  held  by  said  fund 
shall  be  reinvested,  and  shall  remain  a  part  of  said  per- 
manent principal.  The  fiscal  year  of  said  fund  shall  Fiscal  year, 
begin  on  the  first  day  of  July  and  end  on  the  thirtieth 
day  of  June.  Said  board  shall  present,  at  each  annual  Annual 
convention  of  the  Teachers'  Retirement  Fund,  a  report 
of  the  condition  of  said  fund  for  the  last  preceding  fiscal 
year,  showing  the  receipts  and  disbursements  on  ac- 
count of  the  fund,  together  with  a  list  of  the  beneficiaries 
thereof.  A  copy  of  said  report  shall  be  sent  to  the 
Governor,  and  a  copy  to  the  State  Board  of  Education, 
which  copy  shall  be  included  in  the  report  of  the  said 
board  to  the  Legislature.  The  necessary  clerical  and 


n8 


SCHOOL  LAW. 


Expenses  of 
fund  met  by 
state. 


Treasurer 
of  fund. 
Ibid. 


Accounts 
kept  and 
report. 


Annuitants. 
Ibid. 


Proviso. 


Amount  paid 
in  must 
equal 
annuity. 


other  expenses  incurred  by  the  Board  of  Trustees  and 
by  the  State  Treasurer  in  the  administration  of  said 
fund  shall  be  paid  by  the  State  Treasurer,  on  the  war- 
rant of  the  State  Comptroller,  upon  orders  signed  by  the 
president  and  secretary  of  said  board. 

241.  (216.)  The  State  Treasurer  shall  be,  ex  oMcio, 
treasurer  of  the  Teachers'  Retirement  Fund.     He  shall 
receive  all  moneys  payable  to  said  fund,  and  pay  out  the 
same  only  on  warrants  or  orders  signed  by  the  president 
and  secretary  of  the  Board  of  Trustees.    All  warrants 
or  orders,  when  so  signed,  shall  be  full  authority  for 
the  acquittance  of  said  treasurer  for  all  payments  from 
said  fund.     Steiid  treasurer  shall  give  receipts  for  all 
moneys  received  by  him  for  said  fund;  shall  keep  full 
and  correct  accounts  of  the  financial  transactions  con- 
nected therewith,  and  shall  make  an  annual  report  to  the 
Board  of  Trustees,  at  its  meeting  in  September,  of  the 
receipts  and  disbursements,  and  other  financial  transac- 
tions connected  with  said  fund. 

242.  (217.)  Whenever  any  member  of  the  Teachers' 
Retirement  Fund  shall  have  taught  or  shall  have  been 
employed  in  the  public  school  system  in  this  State,  or  in 
any  school  in  this  State  supported  wholly  or  in  part  by 
public  moneys  raised  under  the  authority  of  any  law 
of  this  State,  for  a  period  or  periods  aggregating  at  least 
twenty  years,  and  shall,  in  the  judgment  of  the  Board 
of  Trustees  of  said  fund,  have  become  incapacitated 
from  performing  the  duties  of  a  teacher,  or  of  such 
other  employment  as  aforesaid,  such  person  shall,  at  his 
or  her  request,  be  retired,  and  shall  thereafter  receive  an 
annuity  out  of  said  fund  equal  to  six-tenths  the  average 
annual  salary  received  by  such  person  for  the  five  years 
of  employment  next  preceding  the  date  of  retirement; 
provided,  that  no  annuity  shall  be  less  than  two  hundred 
and  fifty  dollars  nor  more  than  six  hundred  and  fifty 
dollars.     In  case  the  amount  paid  to  the  fund  by  any 
applicant  at  the  time  he  or  she  shall  apply  for  retire- 
ment shall  not  be  equal  to  at  least  the  amount  of  his  or 


SCHOOL  LAW.  119 

her  annuity  for  one  year,  said  applicant  shall,  before  he 
or  she  shall  be  paid  any  annuity,  either  pay  into  said 
fund  such  sum  as  shall,  together  with  the  sums  thereto- 
fore paid  by  such  applicant,  equal  one  year's  annuity  as 
aforesaid;  or,  in  lieu  thereof,  shall  give  to  the  Board  of 
Trustees  authority,  in  writing,  to  withhold  all  pay- 
ments due  to  him  or  her  on  account  of  such  annuity 
until  the  sum  so  withheld  shall  be  equal  to  the  amount 
due  the  fund  as  aforesaid,  and  to  credit  his  or  her  ac- 
count with  the  sum  so  withheld  as  full  satisfaction  of 
the  amount  owing  the  fund  by  said  applicant.  Applica-  Application 
tion  for  retirement  with  annuity  shall  be  filed  with  the 
Board  of  Trustees  while  the  applicant  is  in  actual  service, 
or  within  two  years  after  he  or  she  shall  have  discon- 
tinued teaching  or  such  other  active  employment  as 
aforesaid.  The  decision  of  the  Board  of  Trustees  shall, 
subject  to  appeal  to  the  State  Board  of  Education,  de- 
termine the  right  of  the  applicant  to  any  annuity.  The 
payment  of  any  annuity  shall  be  suspended  whenever  the 
annuitant  has  resumed  teaching  or  such  other  active 
employment  as  aforesaid,  but  such  payment  may  be  re- 
newed whenever  evidence  shall  be  presented  to  the  Board 
of  Trustees  that  such  annuitant  has  again  discontinued 
teaching  or  such  other  active  employment  as  aforesaid. 
Any  member  of  said  fund  who  shall  discontinue  teach-  ^sehnipmem' 
ing  or  such  other  active  employment  as  aforesaid,  for  c 
any  cause  other  than  by  reason  of  having  become  in- 
capacitated as  aforesaid,  shall  cease  to  be  a  member  of 
said  fund;  but  upon  resuming  teaching  or  other  active  Deductions 
employment  as  aforesaid,  the  deductions  thereafter  made  ing  teachin*- 
from  his  contractual  monthly  salary  shall  be  based  on  his 
length  of  service  in  teaching  or  other  active  employment 
as  aforesaid  at  the  time  he  resumes  teaching  or  such  em- 
ployment. The  amount  theretofore  paid  on  his  account 
to  the  Teachers'  Retirement  Fund  shall  be  deemed  to  be 
a  part  of  the  total  amount  to  be  deducted  from  his  salary 
and  paid  to  said  fund. 


120 


SCHOOL  LAW. 


Annuities 
paid  quar- 
terly. 
Ibid. 


How  fund 
constituted. 


2  per  cent, 
from  teachers 
of  ten  years 
or  less. 


2j4  per  cent, 
from  teachers 
between  ten 
and  fifteen 
years. 


3  per  cent, 
from  teachers 
for  fifteen 
years  or 
more. 


Total  deduc- 
tions. 


Quarterly 

settlements 

between 

teacher  and 

fund; 

method. 


243.  (218.)  All  annuities  shall  be  paid  in  quarterly 
installments  on  the  last  day  of  September,  December, 
March  and  June,  and  each  annuity  granted  shall  date 
from  the  day  on  which  definite  action  thereon  shall  have 
been  taken  by  the  Board  of  Trustees. 

244.  (219.)  The  retirement  fund  herein  provided  for 
shall  be  made  up  as  follows : 

I.  Two  per  centum  of  the  contractual  monthly  salaries 
of  all  members  of  the  fund  who  were  or  who  shall  have 
been  teachers,  or  shall  have  been  employed  as  is  herein- 
after provided,  ten  years  or  less  when  they  became  or 
shall  become  members  of  the  fund. 

Two  and  one-half  per  centum  of  the  contractual 
monthly  salaries  of  all  members  of  the  fund  who  were 
or  who  shall  have  been  teachers,  or  shall  have  been  em- 
ployed as  is  hereinafter  provided,  over  ten  years,  but 
less  than  fifteen  years,  when  they  became  or  shall  be- 
come members  of  the  fund. 

Three  per  centum  of  the  contractual  monthly  salaries 
of  all  members  of  the  fund  who  were  or  who  shall  have 
been  teachers,  or  shall  have  been  employed  as  is  here- 
inafter provided,  fifteen  years  or  more  when  they  be- 
came or  shall  become  members  of  the  fund. 

No  deductions  made  under  the  provisions  of  this 
article  from  the  salary  of  any  teacher  shall  exceed  fifty 
dollars  in  any  year.  The  total  amount  of  deduction  on 
account  of  any  member  shall  not  exceed  the  sum  of  one 
thousand  dollars. 

The  amount  due  the  Teachers'  Retirement  Fund  shall 
be  reserved  or  deducted  from  each  warrant  or  order  for 
salary  given  to  each  member  of  the  fund  by  the  Board 
of  Education  or  other  board  or  officer  as  shall  be  re- 
quired by  law  to  give  such  warrants  or  orders,  and  the 
said  board  or  officer  shall,  between  the  first  and  twen- 
tieth days  of  March,  June,  September  and  December, 
draw  a  warrant  for  the  amounts  so  reserved  and  de- 
ducted in  favor  of  the  custodian  of  the  school  moneys 
of  the  district  or  school  in  which  such  member  shall  be 


trustees. 


SCHOOL  LAW.  121 

employed,  and  the  said  custodian  shall,  immediately 
upon  receipt  of  any  such  warrant  or  order,  forward  to 
the  State  Treasurer  the  amount  of  money  named  therein, 
together  with  a  list  of  the  names,  the  monthly  salaries, 
the  amounts  deducted,  and  the  percentage  rates  respec- 
tively, of  the  persons  from  whose  salaries  the  deductions 
represented  thereby  have  been  made. 

II.  All  moneys  and  property  received  by  donation,   Gifts,  iega- 

.  .  ues,  etc 

gift,  legacy,  bequest,  devise,  or  otherwise,  for  or  on 
account  of  said  fund. 

III.  All  interest  on  investments,  and  other  moneys  interest  from 

.,.,  .,..  .  ft       -  V  *        «  investments. 

which  may  be  raised  for  the  increase  of  said  fund. 

245.  (220.)  Said  Board  of  Trustees  shall  have  power  :   Power  of 

I.  To  frame  and  modify  by-laws  for  its  own  govern- 
ment  not  inconsistent  with  the  laws  of  this  State;  to 
elect  its  president  and  other  officers,  and  to  prescribe 
and  enforce  rules  and  regulations  necessary  to  carry 
into  effect  the  provisions  of  this  article. 

II.  To  subpoena  witnesses  and  compel  their  attend-   Subpoena 

witnesses. 

ance  to  testify  before  it  in  all  matters  relating  to  the 
operation  of  this  article,  and  any  member  of  said  board 
may  administer  oaths  or  affirmations  to  such  witnesses. 

III.  To  fix  the  salary  and  the  term  of  office  of  secre-  Salary  of 

secretary. 

tary  of  said  board. 

IV.  To  draw  its  warrants  upon  the  State  Treasurer  pay 

r  i  f         •  i    f  f      f.  annuities. 

for  the  payment  out  of  said  fund  of  all  annuities  pay- 
able under  the  provisions  of  this  article;  the  members 
of  said  board,  excepting  the  secretary,  shall  serve  with- 
out compensation,  but  the  State  Treasurer  shall,  upon 
the  warrants  of  the  State  Comptroller,  pay  their  neces- 
sary expenses;  provided,  that  if  said  board  shall  elect  pr0viso. 
one  of  its  members  secretary,  such  member  may  receive 
compensation  for  services  rendered  as  secretary. 

V.  By  the  name  of  "The  Board  of  Trustees  of  the  Corporate 

t-r\  •  -r\  name 

Teachers  Retirement  Fund,"  to  sue  and  be  sued,  com- 
plain and  defend,  in  any  court  of  law  or  equity. 

VI.  To  have,  hold,  purchase,  sell,  assign  and  transfer  Control  of 

...  .  funds  and 

any  or  the  securities  in  which  any  part  of  the  said  re-   securities. 


122 


SCHOOL  LAW. 


Waiver  of 
present 
rights,  and 
acceptance 
of  this  act. 
Ibid. 


Form  of 
waiver  and 
acceptance. 


Copy  of 
notice  filed 
with  school 
board. 


When  those 
entitled  to 
may  join 
fund.' 


tirement  fund  may  be  invested,  and  any  moneys  belong- 
ing to  said  fund. 

246.  (221.)  I.  Any  person  who  is  now  a  member  of 
the  Teachers'  Retirement  Fund  may,  on  or  before  the 
first  day  of  January,  one  thousand  nine  hundred  and 
nine,  waive  all  rights  and  privileges  he  now  has  as  such 
member  and  accept  the  provisions  of  this  act,  with  all  its 
rights  and  privileges,  by  signing  and  delivering  to  the 
Board  of  Trustees  of  said  fund  a  notice  substantially 
in  the  following  form: 

To  the  Board  of  Trustees  of  the  Teachers'  Retirement 

Fund: 

You  are  here  notified  that  I  hereby  waive  all  rights 
and  privileges  as  a  member  of  the  Teachers'  Retirement 
Fund  under  the  provisions  of  any  act  heretofore  passed 
by  the  Legislature,  and  that  I  hereby  accept  the  provi- 
sions of  an  act  entiled  "An  act  to  amend  an  act  entitled 
'An  act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  maintenance, 
support  and  management  thereof,'  approved  October 
nineteenth,  one  thousand  nine  hundred  and  three,"  ap- 
proved (here  insert  the  date  of  approval  of  this  act),  and 
that  I  do  hereby  agree  to  be  bound  thereby.  Dated 


A  copy  of  said  notice  shall  be  filed  with  the  Board  of 
Education  or  other  body  by  whom  he  or  she  shall  be 
employed.  Any  member  of  the  fund  as  aforesaid  who 
shall  not  file  such  notice  shall  continue  to  be  bound  by 
the  provisions  of  the  statute  in  force  at  the  time  he  or 
she  became  a  member  of  the  fund,  and  shall  be  entitled 
only  to  such  benefits  as  are  thereby  conferred. 

II.  Any  person  now  entitled  to  membership  in  said 
fund,  but  who  has  not  heretofore  become  a  member,  may 
join  said  fund  on  or  before  the  first  day  of  January,  one 
thousand  nine  hundred  and  nine,  by  signing  and  de- 
livering to  the  Board  of  Education,  Board  of  Trustees. 


SCHOOL  LAW.  123 

or  other  body  by  whom  he  or  she  shall  be  employed,  a 
notice  substantially  in  the  form  hereinbefore  prescribed. 

III.  Any  person  who  may  become  entitled  to  mem- 
bership  in  said  fund  after  this  act  shall  take  effect  as 
shall  give  such  notice  on  or  before  the  first  day  of 
January,  one  thousand  nine  hundred  and  nine. 

IV.  Every  person  who  shall  be  appointed  to  any  posi- 
tion  hereinafter  designated  on  or  after  the  first  day  of 
January,  one  thousand  nine  hundred  and  eight,  shall 
become  a  member  of  the  fund  by  virtue  of  such  appoint- 
ment; provided,  this  shall  not  apply  to  any  member  Proviso- 
of  the  fund,  of  to  any  person  eligible  to  membership  in 

said  fund,  prior  to  January  first,  one  thousand  nine  hun- 
dred and  eight,  (a) 

247.  (222.)  Any  member  of  said  fund  who  shall  cease 

to  teach  or  be  employed  in  the  school  or  position  in  which  fgf£i 
he  or  she  shall  have  been  employed,  and  who  shall  be 
employed  in  any  other  school  or  position,  shall  imme- 
diately give  written  notice  to  the  Board  of  Education, 
or  other  body  having  control  of  the  school  or  position  in 
which  he  or  she  shall  be  employed,  that  he  or  she  is  a 
member  of  the  Teachers'  Retirement  Fund,  and  said 
notice  shall  direct  that  the  prescribed  per  centum  of  his 
or  her  contractual  monthly  salary  be  deducted  monthly 
and  forwarded  quarterly  to  the  State  Treasurer  as  is 
hereinbefore  provided.  Such  member  shall  send  a  copy 
of  said  notice,  with  his  or  her  address,  to  the  secretary 
of  the  Board  of  Trustees  of  the  Teachers'  Retirement 
Fund,  and  another  copy  of  said  notice  to  the  State 
Treasurer. 

248.  (223.)  It  shall  be  the  duty  of  all  Boards  of  Edu- 

cation  or  Boards  of  Trustees,  or  other  officers  charged   ™nedmdS5ctP 
with  the  appointment  or  engagement  of  persons  entitled   ibid?ntaBe' 
to  membership  in  the  Teachers'  Retirement  Fund,  to 
learn  if  a  person  so  appointed  or  engaged  is  a  member  of 

(a)  The  provisions  of  this  section  become  a  part  of  the  contract  entered 
into  by  a  person  accepting,  after  January  ist,  1908,  any  position  designated 
in  said  article,  by  the  mere  fact  of  acceptance,  and  authorize  the  deduction 
and  detention,  for  the  Teachers'  Retirement  Fund,  of  the  percentage  pre- 
scribed by  the  School  Law.  Allen  v.  Passaic,  79  Atl.  Rep.  xoi. 


124 


SCHOOL  LAW. 


Eligibility  to 
membership. 
Ibid. 


Appropriation 

for  expenses 

of  teachers' 

retirement 

fund. 

P.  L.  1905, 

Chap.  95. 


Proviso. 


Proviso. 


Salaries  of 
teachers. 
P.  L.  1903, 
Special 
session. 


said  fund,  and  if  such  be  the  case,  to  deduct  the  percent- 
age of  such  salary  due  to  said  fund  from  his  or  her  con- 
tractual monthly  salary  and  remit  the  same  to  the  State 
Treasurer  as  is  hereinbefore  provided. 

249.  (224.)    Any    teacher,    teacher-clerk,    principal, 
supervisor,  supervising  principal  or  superintendent  who 
shall  teach  or  be  employed  in  the  public  schools  of  this 
State,  or  in  any  normal,  model  or  reformatory  school  of 
this  State,  or  in  any  other  school  of  this  State  supported 
either  wholly  or  in  part  by  public  moneys  raised  under 
the  authority  of  any  law  of  this  State,  and  any  city, 
county  or  State  superintendent  of  the  public  schools  of 
this    State,    shall    be    eligible    to    membership    in    the 
Teachers'  Retirement  Fund. 

250.  (i.)  The  sum  of  fifteen  hundred  dollars,  or  such 
part  thereof  as  may  be  necessary,  be  and  the  same  is 
hereby  appropriated  annually  for  the  payment  of  the 
expenses  of  the  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund  provided  for  by  article  twenty-five  of  the 
act  to  which  this  is  a  supplement,  for  the  administration 
of  said  fund,  including  the  expenses  of  the  State  Treas- 
urer and  all  clerical  and  other  expenses  of  said  Board  of 
Trustees  of  the  Teachers'  Retirement  Fund  under  the 
direction  of  the  State  Treasurer;  provided,  that  no  ex- 
penses shall  be  incurred  for  which  the  State  shall  be 
liable  in  connection  herewith,  unless  first  approved  by 
the  State  Treasurer;  and  provided  further,  that  such 
expenditure  shall  be  in  nowise  a  guarantee  on  the  part 
of  the  State  as  to  the  security,  condition  or  prospects  of 
the  fund. 

ARTICLE  XXVI. 

SALARIES  Of  TEACHERS  AND  PRINCIPALS. 

251.  (225.)    Teachers   hereafter   employed   in    any 
graded  school  in  this  State  supported  in  whole  or  in  part 
by  State  moneys  shall  receive  salaries  proportioned  to 
their  experience  and  success  in  the  school  district  where 
they  may  be  employed,  such  salary,  in  the  case  of  every 


SCHOOL  LAW.  125 

teacher  whose  experience  and  success  have  been  prop- 
erly certified  to,  to  be  not  less  than  the  amount  provided 
for  such  teacher  in  the  following  schedule : 

Aissistant  teachers  in  primary  and  grammar  schools 
and  kindergartens: 

Less  than  two  years'  experience,  four  hundred  and  depar 
eight  dollars  per  annum; 

Two  years'  and  less  than  three  years'  experience,  four 
hundred  and  fifty-six  dollars  per  annum; 

Three  years'  and  less  than  four  years'  experience,  five 
hundred  and  four  dollars  per  annum ; 

Four  years'  and  less  than  five  years'  experience,  five 
hundred  and  fifty-two  dollars  per  annum ; 

Five  years'  and  less  than  six  years'  experience,  six 
hundred  dollars  per  annum; 

Six  years'  and  less  than  seven  years'  experience,  six 
hundred  and  forty-eight  dollars  per  annum! ; 

Seven  years'  and  less  than  eight  years'  experience,  six 
hundred  and  ninety-six  dollars  per  annum; 

Eight  years'  and  less  than  nine  years'   experience, 
seven  hundred  and  forty-four  dollars  per  annum; 

Nine  years'  and  less  than  ten  years'  experience,  seven 
hundred  and  ninety-two  dollars  per  annum; 

Ten  years'  and  less  than  eleven  years'   experience, 
eight  hundred  and  forty  dollars  per  annum; 

Eleven  years'  and  less  than  twelve  years'  experience, 
eight  hundred  and  eighty-eight  dollars  per  annum ; 

Twelve  years'  experience  and  upwards,  nine  hundred 
and  thirty-six  dollars  per  annum; 

Principals  of  schools  containing  grammar  and  pri- 
mary  departments: 

Less  than  one  year's  experience  as  such  principal,  one 
thousa*nd  eight  hundred  dollars  per  annum; 

One  year's  and  less  than  two  years'  experience,  one 
thousand  nine  hundred  dollars  per  annum; 

Two  years'  and  less  than  three  years'  experience,  two 
thousand  dollars  per  annum; 


128 


SCHOOL  LAW. 


Principals 
of  primary 
departments 
in  training 
schools. 


Teachers  of 
methods  in 
training 
schools. 


Principals  of 

training 

schools. 


Proviso. 


Proviso. 


Principal  of  primary  department  of  training  schools 
for  teachers . 

Less  than  one  year's  experience,  one  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  the  sum  of  one  thou- 
sand seven  hundred  dollars  per  annum; 

Teachers  of  methods  or  supervisors  of  methods  of 
training  school  for  teachers : 

Less  than  one  year's  experience,  one  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  two  thousand  dollars 
per  annum; 

Principals  of  training  schools  for  teachers : 

Less  than  one  year's  experience,  two  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  three  thousand  dol- 
lars per  annum;  provided,  that  if  the  annual  salary  of 
any  teacher  now  employed  in  any  graded  school  of  any 
school  district  is  less  than  the  amount  required  to  be 
paid  to  such  teacher  by  the  preceding  schedule,  the 
salary  of  such  teacher  shall,  if  such  teacher's  experi- 
ence is  approved  as  successful,  be  increased  by  adding 
thereto,  annually,  beginning  with  the  first  day  of  the 
fiscal  year  next  succeeding  the  adoption  of  this  article, 
in  the  manner  provided  in  section  two  hundred  and 
twenty-six  of  this  act,  a  sum  equal  to  the  annual  in- 
crease provided  in  the  preceding  schedule  for  the  class 
to  which  such  teacher  belongs,  until  such  teacher's  salary 
shall  be  in  accordance  with  the  schedule;  and  provided 
further,  that  the  annual  salary  paid  to  any  principal 
or  vice-principal  hereafter  appointed  shall  not  exceed 
the  annual  salary  paid  at  the  time  such  appointment  is 
made  to  principals  and  vice-principals  of  the  same  class 
respectively,  and  that  the  salary  of  every  such  appointee 
shall,  if  the  experience  of  such  appointee  proves  to  be 


SCHOOL  LAW.  129 

successful,  be  increased  annually  by  the  amount  and  in 
the  manner  described  in  this  section,  until  the  salary 
of  such  appointee  shall  be  in  accordance  with  the  preced- 
ing schedule. 

252.  (226.)  The  Board  of  Aldermen,  Common  Council   Refcrendum| 
or  other  governing  body  of  any  municipality  of  this  State   £$$; 
may,  by  resolution,  submit  the  question  of  the  accept- 
ance or  rejection  of  this  article  to  the  voters  of  such 
municipality  at  any  general  or  charter  election  to  be 

held  therein,  whereof  at  least  ten  days'  notice  shall  be 
given  by  public  advertisement  in  two  daily  newspapers 
of  this  State,  circulating  in  such  municipality,  and  if  a 
majority  of  those  who  shall  vote  for  the  acceptance  or 
rejection  thereof  shall  be  in  favor  of  the  acceptance 
of  this  article,  then  this  article  shall  go  into  effect 
at  the  commencement  of  the  then  next  fiscal  year 
in  such  school  district,  and  the  grant  of  power  herein 
made  shall  be  deemed  to  be  accepted  by  such  school  dis- 
trict and  such  district  shall  be  bound  by  the  terms  of  this 
article ;  persons  entitled  to  vote  at  any  election  where  this 
question  is  submitted  to  them  shall  express  their  assent 
or  rejection  of  this  article  in  the  manner  provided  in 
"An  act  to  regulate  elections"  (Revision  of  1898). 
There  shall  be  a  canvass  on  the  return  of  the  votes  upon  ^°faeri°nfK 
the  question  of  acceptance  or  rejection  of  this  article  accePtance- 
made  by  the  election  officers  in  the  same  way  and  manner 
as  for  officers  voted  for  at  such  election,  and  if  a  ma- 
jority of  the  ballots  shall  be  found  to  be  in  favor  of  the 
acceptance  of  this  article  it  shall  then,  but  not  other- 
wise, go  into  effect  and  be  binding  upon  the  school 
district  situate  in  said  municipality  wherein  such  vote 
shall  be  taken. 

253.  (227.)  All  elections  or  submissions  to  the  vote  of 
the  qualified  voters  of  any  municipality  for  the  adoption 

of  the  provisions  of  any  statute  establishing  the  compen-   feTdfers"  °f 
sation  to  be  paid  to  teachers  and  principals  in  the  public  ] 
schools,  and  to  provide  for  the  payment  thereof,  in  the 

9  s  L 


128 


SCHOOL  LAW. 


Principals 
of  primary 
departments 
in  training 
schools. 


Teachers  of 
methods  in 
training 
schools. 


Principals  of 

training 

schools. 


Proviso. 


Proviso. 


Principal  of  primary  department  of  training  schools 
for  teachers . 

Less  than  one  year's  experience,  one  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  the  sum  of  one  thou- 
sand seven  hundred  dollars  per  annum; 

Teachers  of  methods  or  supervisors  of  methods  of 
training  school  for  teachers : 

Less  than  one  year's  experience,  one  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  two  thousand  dollars 
per  annum; 

Principals  of  training  schools  for  teachers : 

Less  than  one  year's  experience,  two  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  three  thousand  dol- 
lars per  annum;  provided,  that  if  the  annual  salary  of 
any  teacher  now  employed  in  any  graded  school  of  any 
school  district  is  less  than  the  amount  required  to  be 
paid  to  such  teacher  by  the  preceding  schedule,  the 
salary  of  such  teacher  shall,  if  such  teacher's  experi- 
ence is  approved  as  successful,  be  increased  by  adding 
thereto,  annually,  beginning  with  the  first  day  of  the 
fiscal  year  next  succeeding  the  adoption  of  this  article, 
in  the  manner  provided  in  section  two  hundred  and 
twenty-six  of  this  act,  a  sum  equal  to  the  annual  in- 
crease provided  in  the  preceding  schedule  for  the  class 
to  which  such  teacher  belongs,  until  such  teacher's  salary 
shall  be  in  accordance  with  the  schedule;  and  provided 
further,  that  the  annual  salary  paid  to  any  principal 
or  vice-principal  hereafter  appointed  shall  not  exceed 
the  annual  salary  paid  at  the  time  such  appointment  is 
made  to  principals  and  vice-principals  of  the  same  class 
respectively,  and  that  the  salary  of  every  such  appointee 
shall,  if  the  experience  of  such  appointee  proves  to  be 


SCHOOL  LAW.  129 

successful,  be  increased  annually  by  the  amount  and  in 
the  manner  described  in  this  section,  until  the  salary 
of  such  appointee  shall  be  in  accordance  with  the  preced- 
ing schedule. 

252.  (226.)  The  Board  of  Aldermen,  Common  Council   Referendum| 
or  other  governing  body  of  any  municipality  of  this  State   XXVL 
may,  by  resolution,  submit  the  question  of  the  accept-  Ibid- 
ance  or  rejection  of  this  article  to  the  voters  of  such 
municipality  at  any  general  or  charter  election  to  be 

held  therein,  whereof  at  least  ten  days'  notice  shall  be 
given  by  public  advertisement  in  two  daily  newspapers 
of  this  State,  circulating  in  such  municipality,  and  if  a 
majority  of  those  who  shall  vote  for  the  acceptance  or 
rejection  thereof  shall  be  in  favor  of  the  acceptance 
of  this  article,  then  this  article  shall  go  into  effect 
at  the  commencement  of  the  then  next  fiscal  year 
in  such  school  district,  and  the  grant  of  power  herein 
made  shall  be  deemed  to  be  accepted  by  such  school  dis- 
trict and  such  district  shall  be  bound  by  the  terms  of  this 
article ;  persons  entitled  to  vote  at  any  election  where  this 
question  is  submitted  to  them  shall  express  their  assent 
or  rejection  of  this  article  in  the  manner  provided  in 
"An  act  to  regulate  elections"  (Revision  of  1898). 
There  shall  be  a  canvass  on  the  return  of  the  votes  upon 
the  question  of  acceptance  or  rejection  of  this  article 
made  by  the  election  officers  in  the  same  way  and  manner 
as  for  officers  voted  for  at  such  election,  and  if  a  ma- 
jority of  the  ballots  shall  be  found  to  be  in  favor  of  the 
acceptance  of  this  article  it  shall  then,  but  not  other- 
wise, go  into  effect  and  be  binding  upon  the  school 
district  situate  in  said  municipality  wherein  such  vote 
shall  be  taken. 

253.  (227.)  All  elections  or  submissions  to  the  vote  of 

the  qualified  voters  of  any  municipality  for  the  adoption  clSngcom- 

of  the  provisions  of  any  statute  establishing  the  compen-  tubers!1  °f 

sation  to  be  paid  to  teachers  and  principals  in  the  public  ] 
schools,  and  to  provide  for  the  payment  thereof,  in  the 

9  s  i. 


I30 


SCHOOL  LAW. 


school  district  situate  in  such  municipality,  which  statute 
v/as  in  substantial  compliance  with  the  provisions  of  this 
article,  and  the  acceptance  of  the  provisions  of  such 
statute  by  reason  of  a  majority  of  the  ballots  having 
been  found  to  be  in  favor  thereof,  and  the  attendant 
proceedings  heretofore  held,  submitted,  had,  done  or 
taken  pursuant  to  and  in  substantial  compliance  with 
such  statute  are  hereby  validated  and  confirmed  as  fully 
and  to  the  same  extent  as  though  done  after  the  passage 
of  and  in  conformity  with  the  provisions  of  this  article, 
and  said  teachers  and  principals  shall  hereafter  receive 
and  be  paid  salaries  in  accordance  with  the  provisions 
of  this  article. 

ARTICLE  XXVII. 

MISCELLANEOUS. 


Penalty  for 

improper 

use  of 

school 

moneys. 

Ibid. 


Proviso. 


Medical 
inspector. 
P.  L.  1909. 
Chap.  92. 


254.  (228.)  If  the  Board  of  Education  of  any  school 
district  shall  use  any  of  the  school  money  received  by  it, 
except  such  as  shall  have  been  raised  within  the  district, 
for  any  purpose  other  than  the  payment  of  teachers'  sal- 
aries, fuel  bills,  the  transportation  of  pupils  and  the  tui- 
tion of  pupils  attending  schools  in  adjoining  districts, 
there  shall  be  deducted  by  the  County  Superintendent  of 
Schools  from  the  next  annual  apportionment  to  such 
district  a  sum  equal  to  twice  the  amount  thus  used,  and 
said  County  Superintendent  of  Schools  shall  apportion 
the  moneys  thus  deducted  among  the  other  districts  of 
the  county ;  provided,  that  the  Commissioner  of  Educa- 
tion may  remit  such  penalty. 

255.  (229.)  Every  Board  of  Education  shall  employ  a 
competent  physician,  to  be  known  as  the  medical  inspec- 
tor, and  fix  his  salary  and  term  of  office.     Every  Board 
of  Education  shall  adopt  rules  for  the  government  of 
the  medical  inspector,  which  rules  shall  be  submitted  to 
the  State  Board  of  Education  for  approval. 


SCHOOL  LAW.  131 

The  medical  inspector  shall  examine  every  pupil  to  Duties, 
learn  whether  any  physical  defect  exists,  and  keep  a 
record  from  year  to  year  of  the  growth  and  develop- 
ment of  such  pupil,  which  record  shall  be  the  property 
of  the  Board  of  Education,  and  shall  be  delivered  by 
said  medical  inspector  to  his  successor  in  office.  Said 
inspector  shall  lecture  before  the  teachers  at  such  times 
as  may  be  designated  by  the  Board  of  Education,  in- 
structing them  concerning  the  methods  employed  to 
detect  the  first  signs  of  communicable  disease  and  the 
recognized  measures  for  the  promotion  of  health  and 
the  prevention  of  disease.  The  Board  of  Education 
may  appoint  more  than  one  medical  inspector.  A 
Board  of  Education  may  exclude  from  school  any  child  Delude 
whose  presence  in  the  schoolroom  shall  be  certified  by  children- 
the  medical  inspector  as  detrimental  to  the  health  or 
cleanliness  of  the  pupils  in  the  school,  and  shall  notify 
the  parent,  guardian  or  other  person  having  control 
of  such  child  of  the  reason  therefor.  If  the  cause  for 
exclusion  is  such  that  it  can  be  remedied,  and  the 
parent,  guardian  or  other  person  having  control  of  the 
child  excluded  as  aforesaid  shall  fail  or  neglect  within 
a  reasonable  time  to  have  the  cause  for  such  exclu- 
sion removed,  such  parent,  guardian  or  other  person 
shall  be  proceeded  against  and,  upon  conviction,  be 
punishable  as  a  disorderly  person. (a) 

256.  (230.)  Every  Board  of  Education  shall  procure  Jfh5ou°r 
a  United  States  flag,  flag-staff  and  the  appliances  there-  p°l£esI9o3, 
for  for  each  school  in  the  district,  and  shall  display  said 

flag  upon  or  near  the  public  school  building  during 
school  hours  and  at  such  other  times  as  said  board  may 
deem  proper. 

257.  (231.)  The  several  counties  in  this  State  shall 
appropriate  the  interest  of  the  surplus  revenue  to  the  Jbld" 
support  of  the  public  schools. 

(a)   See  section  140. 


Special 
session. 


I32 


SCHOOL  LAW. 


Teachers' 
institutes. 
Ibid. 


Appropriation. 


Nature  of 
alcohol  and 
its  effects 
taught. 
Jbid. 


Examination 
in  physiology, 
ibid. 


Arbor  day. 
Ibid. 


258.  (232.)   The  Commissioner  of  Education  shall 
procure  instructors  and  lecturers  for  teachers'  institutes. 
To  defray  the  expenses  incurred  in  holding  said  institutes 
there  shall  be  paid  to  him  annually  by  the  State  Treas- 
urer,  upon  the   warrant  of   the   State  Comptroller,   a 
sum  not  exceeding  four  thousand  dollars.     Said  Com- 
missioner of  Education  shall  make  annually  to  the  State 
Board  of  Education  an  itemized  report  of  the  expenses 
incurred  in  holding  said  teachers'  institutes  during  the 
year  for  which  said  report  shall  be  made. 

259.  (233.)  The  nature  of  alcoholic  drinks  and  nar- 
cotics and  their  effects  upon  the  human  system  shall  be 
taught  in  all  schools  supported  wholly  or  in  part  by  public 
moneys  as  thoroughly  and  in  the  same  manner  as  other 
like  branches  shall  be  taught,  by  the  use  of  graded  text- 
books in  the  hands  of  the  pupils  when  other  branches 
shall  be  thus  taught  and  orally  only  in  the  case  of  pupils 
unable  to  read.     In  the  text-books  on  physiology  and 
hygiene  the  space  devoted  to  the  consideration  of  the 
nature  of  alcoholic  drinks  and  narcotics  and  their  effects 
upon  the  human  system  shall  be  sufficient  for  a  full  and 
adequate  treatment  of  the  subject.     The  failure  or  re- 
fusal of  any  district  to  comply  with  the.  provisions  of 
this  section  shall  be  sufficient  cause   for  withholding 
from  such  district  the   State  appropriation. 

260.  (234.)  No  certificate  shall  be  granted  to  any  per- 
son to  teach  in  the  public  schools,  except  to  persons  ap- 
plying for  special  certificates  to  teach  music,  drawing, 
manual  training  or  other  subjects  not  included  in  the 
usual  school  curriculum,  who  shall  not  have  passed  a  sat- 
isfactory examination  in  physiology  and  hygiene  wTitb 
special  reference  to  the  nature  of  alcoholic  drinks  and 
narcotics  and  their  effects  upon  the  human  system. 

261.  (235.)   The  day  in  each  year  known  as  Arbor 
Day  shall  be  suitably  observed  in  the  public  schools. 
The   Commissioner   of  Education   shall   from   time   to 
time  prepare  and  issue  to  schools  such  circulars  of  infor- 


SCHOOL  LAW.  133 

mation,  advice  and  instruction  with  reference  to  the  day 
as  he  may  deem  necessary. 

262.  ( i.)  For  the  purpose  of  encouraging  the  planting  £rj°r^0a8y; 
of  shade  and  forest  trees,  the  first  Friday  of  May  in  each   Chap- l87 
year  is  hereby  designated  as  a  day   for  the  general 
observance  of  such  purpose,  and  to  be  known  as  Arbor 

Day. 

263.  (2.)  On  said  day  appropriate  exercises  shall  be   f^r°cfses 
introduced  in  all  the  schools  of  the  State,  and  it  shall  be  Ibid- 
the  duty  of  the  several  county  and  city  superintendents 

to  prepare  a  program  of  exercises  for  that  day  in  all 
the  schools  under  their  respective  jurisdiction. 

264.  (236.)  In  all  public  schools  there  shall  be  held  on 
the  last  school  day  preceding  the  following  holidays, 
namely,    Lincoln's    Birthday,    Washington's    Birthday,   session- 
Decoration  or  Memorial  Day  and  Thanksgiving  Day, 

and  on  such  other  patriotic  holidays  as  shall  be  estab- 
lished by  law,  appropriate  exercises  for  the  development 
of  a  higher  spirit  of  patriotism,. 

265.  (i.)  It  shall  be  the  duty  of  the  principals  and  observance  of 

flag  day  in 

teachers  in  the  public  schools  of  this  State  to  make  suita- 
ble arrangements  for  the  celebration,  by  appropriate 
exercises  among  the  pupils  in  said  schools,  on  the  four- 
teenth day  of  June,  in  each  year,  as  the  day  of  the  adop- 
tion of  the  American  flag  by  the  Continental  Congress. 

266.  (237.)   Whenever  an  execution  shall  be  issued 
against  the  Board  of  Education  of  a  school  district  or  of 
a  union-graded  school  by  any  court  authorized  to  issue 
the  same,  upon  a  judgment  recovered  either  before  or  S 
subsequent  to  the  passage  of  this  act,  and  there  shall  be 
found  no  property  belonging  to  said  school  district  or 
union-graded  school  sufficient  to  satisfy  the  same  liable 

to  be  levied  on,  then  the  officers  authorized  to  execute 
such  process  shall  serve  a  certified  copy  of  said  execution 
upon  the  assessor  or  assessors  of  the  taxing  district  or 
districts  in  which  said  school  district  or  union-graded 
school  shall  be  situate,  and  also  upon  the  collector  or  col- 
lectors of  such  taxing  district  or  districts.  Upon  receipt 


134 


SCHO6L  LAW. 


Assessment. 


School  census 
in  districts. 
P.  L.  1907, 
Chap.  1 1 8. 


Proviso. 


Enumeration. 


School  veai. 

P.  L.  1903, 

Special 

session. 

Money 

specifically 

•appropriated. 

Ibid. 


"Article' 

defined. 

Ibid. 


Continuance 
of  present 
officials. 
Ibid. 


of  such  copy  or  copies  such  assessor  or  assessors  shall,  at 
the  time  of  the  next  regular  assessment  of  school  taxes, 
assess  upon  the  inhabitants  of  said  school  district  and 
their  estates,  and  upon  the  taxable  property  therein,  in 
addition  to  the  regular  school  taxes,  the  amount  due 
upon  said  execution,  with  interest  thereon  to  the  time 
when  the  same  shall  be  paid  to  the  officer  serving  such 
process  and  the  collector  or  collectors  shall  levy  and 
collect  the  same,  and  said  amount,  when  collected,  shall 
be  a  separate  fund,  and  shall  be  paid  over  by  said  collec- 
tor to  the  officer  who  shall  have  served  said  process. 

267.  (i.)  The  Board  of  Education  of  any  school  dis- 
trict may  cause  to  be  taken  an  exact  census  of  all  children 
residing  in  such  district  between  the  ages  of  five  and 
eighteen  years,  including  such  other  information  as  said 
board  may  deem  necessary  or  proper;  provided,  that 
such  census  shall  not  be  taken  more  often  than  once  in 
five  years,  and  shall  not  be  taken  in  any  year  in  which  a 
United  States  or  a  state  census  shall  be  taken.     The 
Board  of  Education  of  the  school  district  may  appoint 
as  many  suitable  persons  as  may  be  necessary  to  act  as 
enumerators  in  taking  the  said  census,  and  may  fix  the 
compensation  to  be  paid  to  said  enumerators,  not  exceed- 
ing four  cents  for  each  name  in  said  census,  which  com- 
pensation shall  be  paid  as  a  current  expense  of  the  dis- 
trict. 

268.  (238.)  The  school  year  shall  begin  on  the  first 
day  of  July  and  end  on  the  thirtieth  day  of  June. 

269.  (239).  No  money  shall  be  paid  from  the  State 
treasury  for  any  purpose  named  in  this  act  unless  an 
appropriation   therefor   shall  have  been  made  by  the 
Legislature  in  the  annual  appropriation  act. 

270.  ( 240. )  Whenever  in  this  act  the  word  "article"  is 
used,  it  shall  be  construed  as  referring  to  the  caption 
under  which  it  is  used. 

271.  (242.)    The   Commissioner  of  Education,   the 
County  and  City  Superintendents  of  Schools,  the  mem- 
bers of  the  Boards  of  Education  who  are  residents  of  the 


SCHOOL  LAW.  135 

territory  contained  in  the  several  school  districts,  as  said 
districts  are  constituted  by  this  act,  and  who  are  now 
acting  as  such,  Secretaries  of  Boards  of  Education,  jani- 
tors and  other  employes  of  the  several  Boards  of  Edu- 
cation of  the  several  school  districts,  shall  continue  to 
serve  for  the  full  term  for  which  they  were  severally 
elected  or  appointed,  as  though  they  had  been  elected 
or  appointed  under  any  of  the  provisions  of  this  act. 
except  as  in  this  act  otherwise  provided,  and  all  certifi- 
cates to  teach  heretofore  issued,  and  now  in  force  in 
this  State,  shall  be  valid  according  to  their  terms  and 
for  the  periods  for  which  they  have  been  severally 
granted. 

272.  (243.)  The  acceptance  of  the  provisions  of  this  ^Ce/eep7anndc^m; 
act  contained  in  Article  VI.  relating  to  Boards  of  Educa-  °/jArticle 
tion  in  city  school  districts  shall  be  submitted  to  the  qual- 
ified voters  of  any  town,  township  or  borough  at  a  gen- 
eral or  municipal  election  to  be  held  therein,  whenever 
the  town  council,  township  committee  or  other  govern- 
ing body  of  such  municipality,  or  the  Board  of  Education 
of  the  school  district  situate  in  such  municipality,  shall 
have,  by  resolution,  directed  that  such  question  shall  be 
so  submitted.  The  question  to  be  submitted  shall  be  for 
or  against  the  adoption  of  the  provisions  of  Article  VI. 
of  an  act  entitled  "An  act  to  establish  a  thorough  and 
efficient  system  of  free  public  schools  and  to  provide 
for  the  maintenance,  support  and  management  thereof," 

approved (insert  herein  the  date  when  this  act 

shall  be  approved),  and  if  a  majority  of  the  votes  cast 
upon  said  question  shall  be  for  the  adoption  of  the  pro- 
visions of  said  article,  the  school  district  in  such  munici- 
pality shall  thereafter  in  all  respects  be  governed  by 
the  provisons  of  Article  VI.  relating  to  city  school  dis- 
tricts, and  the  Board  of  Education  therein  shall  have 
all  the  powers  and  duties  given  and  imposed  by  the 
several  provisions  of  said  article. 

OPTO      /  \    ATM  Referendum; 

4(6.  (244.)  The  acceptance  of  the  provisions  of  this  acceptance 
act  contained  in  Article  VII.  relating  to  Boards  of  Edu-   vn: 


i36 


SCHOOL  LAW. 


Validity  of 
this  act. 
Ibid. 


Government 
of  schools. 
Ibid. 


Proviso. 


Bonds,  regis- 
tered or 
coupon. 

P.    I,.     IQIO, 

Chap.  214. 


cation  in  township,  incorporated  town  and  borough 
school  districts,  shall  be  submitted  to  the  qualified  voters 
of  any  city  at  a  general  or  municipal  election  to  be  held 
therein,  whenever  the  common  council  or  other  govern- 
ing body  of  such  city  or  the  Board  of  Education  of  the 
school  district  situate  in  such  city,  shall  have,  by  resolu- 
tion, directed  that  such  question  shall  be  so  submitted. 
The  question  to  be  submitted  shall  be  for  or  against  the 
adoption  of  the  provisions  of  Article  VII.,  of  an  act  en- 
titled "An  act  to  establish  a  thorough  and  efficient  sys- 
tem of  free  public  schools  and  to  provide  for  the  main- 
tenance, support  and  management  thereof,"  approved 

— • (insert  herein  the  date  when  this  act  shall  be 

approved),  and  if  a  majority  of  the  votes  cast  upon 
said  question  shall  be  for  the  adoption  of  the  provisions 
of  said  article,  the  school  district  in  such  city  shall  there- 
after in  all  respects  be  governed  by  the  provisions  of 
Article  VII.  relating  to  township,  incorporated  town 
and  borough  school  districts,  and  the  Board  of  Educa- 
tion therein  shall  have  all  the  powers  and  duties  given 
and  imposed  by  the  several  provisions  of  said  article. 

274.  (245.)  In  case  for  any  reason  any  section  or  any 
provision  of  this  act  shall  be  questioned  in  any  court,  and 
shall  be  held  to  be  unconstitutional  or  invalid,  the  same 
shall  not  be  held  to  affect  any  other  section  or  provision 
of  this  act. 

275.  (246.)    All  school  districts  shall  hereafter  be 
governed  solely  by  the  provisions  of  this  act,  and  all  acts 
and  parts  of  acts,  general,  special  or  local,  so  far  as  they 
are   inconsistent   with   the  provisions   of  this   act,   are 
hereby  repealed;  provided,  that  this  repealer  shall  not 
revive  any  act  heretofore  repealed. 

276.  (i.)  All  bonds  issued  pursuant  to  the  provisions 
of  an  act  of  the  Legislature  entitled  "An  act  to  establish 
a  thorough  and  efficient  system  of  free  public  schools, 
and  to  provide  for  the  maintenance,  support  and  man- 
agement  thereof,"    approved   October  nineteenth,    one 
thousand  nine  hundred  and  three,  may  be  registered 


SCHOOL  LAW.  137 

or  coupon,  or  both,  as  the  governing  body  or  board 
issuing  the  same  shall  determine. 

277.  (3.)  It  shall  be  lawful  for  the  trustees  or  Board  ^choddistri* 
of  Education  of  any  school  district  in  this  State  to  nego-  j£nsd f^™* 
tiate  with  the  Trustees  for  the  Support  of  Public  Schools  Sooifs.put 
in  this  State  for  the  purchase  by  them  of  any  bonds  to 

be  issued  by  their  respective  school  districts  for  school 
purposes  without  first  advertising  for  bids  for  such 
bonds;  and  if  said  trustees  or  Board  of  Education  can 
agree  with  the  said  Trustees  for  the  Support  of  Public 
Schools  upon  the  rate  of  interest  to  be  paid  on  said 
bonds,  to  issue  such  bonds  and  sell  and  deliver  the  same 
to  the  said  Trustees  for  the  Support  of  Public  Schools 
without  advertisement  therefor  or  for  the  sale  thereof ; 
provided,  the  sale  price  of  such  bonds  shall  never  be  Proviso, 
less  than  par,  nor  the  rate  of  interest  in  excess  of  five 
per  centum. 

278.  (i.)  No  school  bonds  shall  be  sold  at  private  sale  gateof  school 
to  persons  other  than  the  Trustees  of  the  School  Fund 

or  to  the  Sinking  Fund  Commissioners  for  the  Support 
of  Public  Schools,  unless  such  Trustees  or  Sinking  Fund 
Commissioners  have  refused  to  buy  them.  No  school 
bonds  shall  be  signed,  sealed  or  delivered  except  within 
this  State.  No  school  bonds  shall  be  delivered  to  any 
purchaser  other  than  the  Trustees  for  the  Support  of 
Public  Schools  except  upon  payment  within  the  State 
in  cash  or  by  certified  check  drawn  to  the  order  of  the 
Custodian  of  School  Moneys  for  the  full  purchase  price. 

279.  (i.)  Every  school  district  heretofore  organized 
and  formed  in  any  town,  township  or  borough,  and  now 
acting  under  the  provisions  of  Article  VI.  of  an  act  en- 
titled  "An  act  to  establish  a  thorough  and  efficient  sys-  chap 
tern  of  free  public  schools,  and  to  provide  for  the  main- 
tenance, support  and  management  thereof,"  approved 
October   nineteenth,    one   thousand   nine  hundred   and 
three,  shall  be  deemed  and  held  to  be  organized  and 
existing  under,  and  in  all  respects  governed  by,  the  pro- 
visions of  said  article,  notwithstanding  such  school  dis- 


138 


SCHOOL  LAW. 


All  acts,  etc. 

validated. 

Tbid. 


Appropria- 
tions vali- 
dated. 
Ibid. 


Proviso. 


Proviso. 


Use  of  ar- 
mories by 
school 
children. 
P.  L.  1909, 
Chap.  93. 


Residence  of 
member?. 
P.  L.  1910, 
Chap.  218. 


trict  may  have  been  established  and  organized  under 
an  act  of  the  Legislature  of  the  State  of  New  Jersey 
heretofore  declared  by  the  courts  to  be  unconstitutional. 

280.  (2.)  All  statements,  resolutions,  certificates  and 
acts  and  things  made,  adopted  and  done  in  good  faith  by 
the  Board  of  Education,  the  Board  of  School  Estimate 
and  other  municipal  bodies,  in  any  such  school  district 
or  municipality,   according  to  the   provisions   of   said 
act  of  1903,  are  hereby  ratified,  confirmed  and  vali- 
dated. 

281.  (3.)  All  appropriations  of  money  by  any  munici- 
pal body  in  any  such  school  district  made  according  to 
said  act  of  1903,  and  all  school  bonds  issued  or  author- 
ized to  be  issued  in  any  such  municipality  for  the  purpose 
of  borrowing  moneys  so  appropriated,  are  hereby  rati- 
fied, validated  and  confirmed;  provided,  however,  that 
such  bonds  were  issued  or  authorized  to  be  issued  for 
money  actually  and  in  good  faith  loaned  to  such  muni- 
cipality for  school  purposes  and  paid  to  the  custodian 
of   school  moneys   for  such   school   district;  and  pro- 
vided further,  that  the  total  amount  of  school  bonds  so 
issued  or.  authorized  to  be  issued  was  not  in  excess  of 
the  limitation  placed  upon  such  issue  by  said  act  of 
1903    and   the   supplements    thereto   and    amendments 
thereof. 

282.  ( i.)  It  shall  be  lawful  for  the  commanding  officer 
of  the  regiment  having  the  use  of  any  armory,  at  his  dis- 
cretion, subject  to  the  approval  of  the  Military  Board, 
to  permit  such  armory  to  be  used  for  athletic  purposes 
by  the  pupils  of  the  schools  of  this  State  upon  the  appli- 
cation of  the  principal  of  the  school,  subject  to  such 
regulations  as  may  be  prescribed  by  said  commanding 
officer. 

283.  (i.)  In  all  cities  in  this  State  having  a  Board  of 
Education  the  members  of  which  now  are  or  hereafter 
shall  be  appointed  by  the  mayor  of  such  city,  it  shall  and 
may  be  lawful  for  the  said  mayor  to  appoint  as  a  mem- 
ber of  said  Board  of  Education  any  resident  of  said  city 


SCHOOL  LAW.  139 

duly  qualified  to  serve  thereon,  without  regard  to  the 
place  of  residence  in  such  city  of  the  person  so 
appointed. 

284.  (i.)   Any  child  who  shall  have  completed  the  £$£*££ 
course  of  study  pursued  in  the  schools  in  the  district  in   f?i?.°I'9IOf 
which  he  or  she  shall  reside  may,  with  the  consent  of  the   ( 
Board  of  Education  of  said  district  and  the  board  hav- 
ing the  control  and  management  of  the  Farnum  Pre- 
paratory  School,   be  admitted   to   said   school.      Said 
boards  shall  determine  the  amount  to  be  paid  for  the 
education  of  such  child,  and  the  Board  of  Education 

of  the  district  in  which  such  child  shall  reside  shall 
issue  an  order  for  said  amount,  signed  by  the  president 
and  district  clerk  or  secretary  of  the  Board  of  Educa- 
tion, in  favor  of  the  custodian  of  the  school  moneys  of 
said  school,  which  order  shall  be  paid  by  the  Custodian 
of  the  school  moneys  of  the  district  in  which  such  child 
resides  out  of  any  moneys  in  his  hands  available  for  the 
current  expenses  of  said  district. 

285.  ( i . )  The  use  of  the  common  drinking  cup,  an  un-    Common 


doubted  source  of  communication  of  infectious  diseases,   »rojlibited 


drinking  cup 
prohibited 
P.  L,.  IQII. 

is  hereby  prohibited  in   all  public  places   within   this   ( 
Commonwealth,  ,and  the  State  Board  of  Health  shall 
have  full  authority  to  establish  such  reasonable  rules 
and  regulations  to  make  this  prohibition  effective  as  in 
their  judgment  seems  wise  and  proper. 

286.  (2.)  Whoever  fails  to  observe  the  provisions  of   fbeijaltv- 
this  act,  or  the  rules  and  regulations  of  the  State  Board 

of  Health  made  in  relation  thereto,  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  liable  to  a  fine  not  ex- 
ceeding twenty-five  dollars  for  each  offense. 

287.  (i.)  The  provisions  of  an  act  entitled  "An  act   civil  service 

.          '  applied  to 

regulating  the  employment,  tenure  and  discharge  of  cer- 
tain  officers  and  employes  of  this  State  and  of  the  various 
counties  and  municipalities  thereof,  and  providing  for 
3  Civil  Service  Commission,  and  defining  its  powers  and 
duties,"  approved  April  tenth,  one  thousand  nine  hun- 
dred and  eight,  are  hereby  extended  and  shall  here- 


140 


SCHOOL  LAW. 


Proviso. 


Tenure  of 
truant  officers 
in  cities. 
P.  L.  1911, 
Chap.  275. 


No  dismissal 
except  on 
charges  and 
hearing. 
Ibid. 


Rules  for 
employment 
of  janitors, 
P.  Ty.  1911, 
Chap.  44. 


Removal 
of  janitor. 
Ibid. 


after  be  construed  to  apply  to  all  school  districts  of 
this  State,  as  fully  and  completely  as  though  the  same 
had  been  included  in  the  title  and  body  of  said  act; 
provided,  however,  that  the  said  act  shall  not  become 
effective  in  any  school  district  of  the  State  until  the 
same  shall  have  been  adopted  by  the  vote  of  the  quali- 
fied voters  of  such  school  district,  in  the  manner  pro- 
vided by  the  thirty-first  section  of  said  act. 

288.  ( i.)  The  services  of  all  truant  officers  of  the  pub- 
lic schools  in  any  school  district  in  any  city  of  this  State 
shall  be  during  good  behavior  and  efficiency,  after  the 
expiration  of  a  period  of  employment  of  one  year  in 
said  school  district;  provided,  that  the  time  any  truant 
officer  has  served  in  the  district  in  which  he  or  she  is 
employed  at  the  time  this  act  shall  go  into  effect,  shall 
be  counted  in  determining  such  period  of  employment. 

289.  (2.)  No  truant  officer  shall  be  dismissed  or  sub- 
jected to  reduction  of  salary  except  for  inefficiency,  con- 
duct unbecoming  an  officer  or  other  just  cause,  and  after 
a  written  charge  of  the  cause  or  causes  shall  have  been 
preferred  against  him  or  her,  signed  by  the  person  or 
persons  making  the  same,  and  filed  with  the  secretary 
or  clerk  of  the  Board  of  Education  of  the  school  dis- 
trict in  which  he  or  she  is  employed,   and  after  the 
charge  shall  have  been  examined  into  and  found  true 
in  fact  by  the  said  Board  of  Education,  upon  reason- 
able notice  to  the  person  charged,  who  may  be  repre- 
sented by  counsel  at  the  hearing. 

290.  (i.)  In  every  municipality  or  school  district  of 
this  State  the  Board  of  Education  shall  make  such  proper 
rules  and  regulations  as  may  be  necessary  for  the  em- 
ployment,  discharge,   management  and  control  of  the 
public  school  janitors  employed  by  such  board  not  in- 
consistent with  the  provisions  of  this  act. 

291.  (2.)  No  public  school  janitor  in  any  municipality 
or  school  district  shall  be  discharged,  dismissed  or  sus- 
pended, nor  shall  his  pay  or  compensation  be  decreased, 
except  upon  sworn  complaint  for  cause,   and  upon  a 


SCHOOL  LAW.  141 

hearing  had  before  such  board.  Upon  the  filing  of  such 
sworn  complaint,  a  copy  thereof,  certified  by  the  secre- 
tary or  clerk  as  a  true  copy,  shall  be  served  upon  such 
person  at  least  five  days  before  the  hearing,  and  at 
such  hearing  such  janitor  shall  have  the  right  to  be 
represented  by  counsel.  If  upon  such  hearing  it  shall  Hearing. 
appear  that  the  person  charged  is  guilty  of  the  neglect, 
misbehavior  or  other  offense  set  forth  in  said  complaint, 
then  said  board  may  discharge,  dismiss  or  suspend  such 
janitor  or  reduce  his  pay  or  compensation,  but  not 
otherwise. 

RAILROAD  TAX  FOR  SCHOOLS. 


poses. 
P.  L.  i. 
Chap.  146 


292.  (i.)  The  tax  assessed  in  each  year  by  virtue  of 
the  provisions  of  sub-divisions  one,  three  and  four  of  sec- 
tion  three  of  an  act  entitled  "An  act  to  revise  and  amend 
'An  act  for  the  taxation  of  railroad  and  canal  property.  pos£s'ig06 
approved  April  tenth,  one  thousand  eight  hundred  and 
eighty-  four,'  which  act  was  approved  March  twenty- 
seventh,  one  thousand  eight  hundred  and  eighty-eight," 
and  the  amendments  thereof  or  supplements  thereto, 
after  deducting  therefrom  a  sum  equal  to  one-half  of 
one  per  centum  of  the  total  valuation  of  the  property 
on  which  said  tax  shall  be  assessed,  shall  be  devoted  to 
the  maintenance  and  support  of  a  thorough  and  efficient 
system  of  free  public  schools,  and  shall  be  apportioned 
annually,  on  or  before  the  first  day  of  February,  among 
the  several  counties  by  the  State  Comptroller  in  propor- 
tion to  the  amount  of  taxable  real  and  personal  estate 
of  said  counties  respectively,  as  shown  by  the  last  ab- 
stract of  ratables  from  the  several  counties  made  out  by 
the  several  boards  of  assessors,  and  filed  in  the  office  of 
said  Comptroller.  The  State  Comptroller  shall,  on  or 
before  the  first  day  of  November  following  said  appor- 
tionment, draw  his  warrant  on  the  State  Treasurer  in 
favor  of  the  county  collector  of  each  county  for  the  por- 
tion of  said  tax  to  which  said  county  shall  be  entitled, 


142 


SCHOOL  LAW. 


Apportion- 
ment by 
county  super- 
intendents. 


Comptroller 
to  deduct 
from  school 
fund  amount 
appropriated 
for  certain 
educational 
purposes. 
P.  L.  1909, 
Chap.  65. 


Use  of  money 
deducted. 


Time  of 
payment 
by  state. 
P.  L.  1911, 
Chap.  237. 


as  aforesaid.  The  moneys  received  by  any  county  col- 
lector by  virtue  of  the  provisions  of  this  act  shall  be 
apportioned  by  the  County  Superintendent  of  Schools 
of  such  county  among  the  several  school  districts  therein 
at  the  same  time  and  in  the  same  manner  as  other 
moneys  shall  be  apportioned  by  him. 

293.  (i.)  The  State  Comptroller,  prior  to  the  appor- 
tionment, on  or  before  the  first  day  of  Feburary,  among 
the  several  counties  of  the  State,  of  the  fund  devoted 
to  the  maintenance   and   support  of   a  thorough   and 
efficient  system  of  free  public  schools,  as  provided  in 
and  by  an  act  entitled  "A  supplement  to  an  act  entitled 
'An  act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  maintenance, 
support  and  management  thereof/   approved  October 
nineteenth,  one  thousand  nine  hundred  and  three,"  ap- 
proved April  twentieth,  one  thousand  nine  hundred  and 
six,  shall  deduct  from  the  sum  so  to  be  apportioned 
as   aforesaid   the   sum   appropriated   annually    for   the 
purposes  herein  specified,  to  wit: 

State  Normal  School  at  Trenton, 

State  students  at  Rutgers  (scholarships), 

New  Jersey  School  for  the  Deaf, 

County  Superintendents, 

State  Normal  School  at  Montclair  Heights, 

[Manual    Training    Industrial    School    for    Colored 
Youth, 

Evening  schools  for  foreign-born  residents, 

Commissioner  of  Education, 

which  said  moneys  shall  be  retained  in  the  treasury  of 
the  State  for  the  payment  of  the  appropriations  to  be 
made  for  the  several  purposes  indicated,  instead  of  the 
payment  thereof  from  the  general  moneys  in  the  State 
treasury,  as  heretofore. 

294.  (i.)  The  State  Comptroller  is  hereby  empowered 
and    directed    to    make    distribution    of    the    moneys 
assessed,  levied  and  collected  for  the  year  one  thousand 
nine  hundred  and  eleven,  as  provided  in  and  by  an  act 


SCHOOL  LAW.  143 

entitled  "A  supplement  to  an  act  entitled  'An  act  to 
establish  a  thorough  and  efficient  system  of  free  public 
schools,  and  to  provide  for  the  maintenance,  support 
and  management  thereof,  approved  October  nineteenth, 
one  thousand  nine  hundred  and  three,'  approved  April 
twentieth,  one  thousand  nine  hundred  and  six,"  as  fol- 
lows :  On  the  first  day  of  September,  one  thousand  nine 
hundred  and  eleven,  such  part  of  said  moneys  as  has 
been  collected  and  on  the  twenty-fifth  day  of  October 
of  said  year,  the  balance  collected  to  that  date.  The 
Comptroller  shall  annually,  hereafter,  make  a  similar 
distribution  of  all  such  moneys  collected  and  which  are 
distributed  under  said  act,  on  the  first  day  of  Sep- 
tember and  on  the  twenty-fifth  day  of  October,  respec- 
tively, of  the  year  next  succeeding  the  year  of  their 
assessment. 

295.  (2.)   If,  hereafter,  on  the  twenty-fifth  day  of  Payment  in 

,     installments. 

October,  in  any  year,  any  part  of  the  taxes  apportioned  ibid, 
on  the  first  day  of  February  of  the  previous  year,  as  pro- 
vided in  the  act  to  which  this  is  a  supplement,  shall  not 
have  been  paid  into  the  State  Treasury,  the  State  Comp- 
troller shall  cause  the  part  of  said  taxes  which  shall  not 
have  been  paid  in  by  said  twenty-fifth  day  of  October  to 
be  distributed  as  and  when  collected,  unless  the  amounts 
received  are  less  than  five  thousand  dollars,  in  which 
event  he  shall  not  make  a  distribution  until  the  pay- 
ments aggregate  five  thousand  dollars. 

296.  (3.)  All  moneys  paid  in  accordance  with  this  act   Custody  and 
shall  be  held  by  the  official  to  whom  paid  in  trust  for  ?**£  1909. s' 

Chap.  63. 

the  support  and  maintenance  of  the  free  public  school 
of  the  school  district  to  which  apportioned  and  paid. 
No  part  thereof  shall  be  used  to  pay  or  discharge,  in 
whole  or  in  part,  any  note  or  other  obligation  heretofore 
incurred,  or  any  bonds,  whether  temporary  or  for  a 
term  of  years,  heretofore  issued  by  such  municipality, 
or  by  any  Board  of  Education  of  any  municipality,  nor 
shall  any  part  of  the  funds  hereby  authorized  to  be 
paid  be  used  for  any  other  purpose  than  for  the  support 


144 


SCHOOL  LAW. 


Proviso ; 
Right  to 
borrow  in 
anticipation 
of  taxes. 


Duty  of 

state 

comptroller. 


and  maintenance  of  the  free  public  schools  of  such 
municipality  or  school  district;  provided,  however,  that 
it  shall  be  lawful  for  the  municipality  or  Board  of  Edu- 
cation of  any  school  district  to  borrow  by  temporary 
loan,  in  anticipation  of  the  receipt  of  any  moneys 
which  may  be  distributed  under  this  act,  or  the  act  to 
which  this  act  is  a  supplement,  to  the  extent  of  not 
exceeding  eighty  per  cent,  of  the  amount  of  moneys 
which  may  be  apportioned  to  such  school  district  under 
the  distribution  herein  provided  for;  such  temporary 
obligations,  if  any,  to  be  first  paid  from  the  moneys 
received  under  this  act,  before  any  other  disposition  of 
such  money  shall  be  made.  Any  person,  or  the  mem- 
bers of  any  board,  violating  this  act  shall  be  guilty  of 
a  misdemeanor,  (a) 

297.  (4.)  The  State  Comptroller  shall,  on  the  date  and 
at  the  time  named  in  this  act,  draw  his  warrant  upon  the 
State  Treasurer  in  favor  of  the  county  collector  of  each 
county  for  the  amount  due  to  each  county  of  the  appor- 
tionment, made  to  the  several  counties,  at  the  times 
and  in  the  manner  provided  by  this  act  and  the  act  to 
which  this  act  is  a  supplement. 


(a)  See  section  61. 


MISCELLANEOUS  LAWS.  145 


Miscellaneous  Laws. 


INDUSTRIAL  SCHOOLS. 

i.  Whenever  any  board  of  education,  school  commit-  Sum  appro- 

priated by 


tee  or  other  like  body  of  any  city,  town  or  township 
in  this  State  shall  certify,  or  shall  have  certified,  to  the 
Governor  that  a  sum  of  money  not  less  than  three  thou- 
sand  dollars  has  been  contributed  by  voluntary  sub- 
scriptions of  citizens,  or  otherwise  as  hereinafter 
authorized,  for  the  establishment  in  any  such  city,  town 
or  township,  of  a  school  or  schools  for  industrial  educa- 
tion, it  shall  be  the  duty  of  the  said  Governor  to  cause 
to  be  drawn  by  warrant  of  the  Comptroller  by  himself 
out  of  any  moneys  in  the  State  treasury  not  otherwise 
appropriated,  an  amount  equal  to  that  contributed  by 
the  particular  locality  as  aforesaid  for  the  said  subject, 
and  when  any  such  school  or  schools  shall  have  been 
established  in  any  locality  as  aforesaid,  there  shall  be 
annually  contributed  by  the  State,  in  the  manner  afore- 
said for  the  maintenance  and  support  thereof  a  sum 
of  money  equal  to  that  contributed  each  year  in  said 
locality  for  such  purpose;  provided,  however,  that  the  proviso. 
moneys  contributed  by  the  State  as  aforesaid  to  any 
locality  shall  not  exceed  in  any  one  year  the  sum  of 
seven  thousand  dollars. 

2.  All  moneys  raised  and  contributed  as  aforesaid  Money  to  be 

applied  under 

shall  be  applied  under  the  direction  of  the  Board  of 
Trustees,  organized  as  hereinafter  provided,  to  the  Ibid 
establishment  and  support  of  schools  for  the  training 
and  education  of  pupils  in  industrial  pursuits  (including 
agriculture),  so  as  to  enable  them  to  perfect  themselves 
in  the  several  branches  of  industry  which  require  tech- 
nical instruction. 


10  s 


146 


MISCELLANEOUS  LAWS. 


Local  tax. 
Ibid. 


Trustees  of 
industrial 
schools. 
P.  L.  1895, 
Chap.  294. 


Powers. 


Treasurer. 


3.  Any  city,  town  or  township  shall  have  power  to 
appropriate  and  raise  by  tax  for  the  support  of  any 
such  school  therein,  such  sum  of  money  as  they  may 
deem  expedient  and  just. 

4.  There  shall  be  a  Board  of  Trustees  of  each  of  such 
schools,  which  shall  consist  of  the  governor  and  the 
mayor  or  other  chief  executive  officer  of  the  city,  town  or 
township  in  which  such  school  is  located,  as  ex-officio 
members,  and  eight  other  persons  to  be  chosen  and  ap- 
pointed by  the  Governor  as  follows :    Within  thirty  days 
after  the  passage  of  this  act  the  Governor  shall  choose 
and  appoint  eight  persons,  resident  in  the  city,  town  or 
township  in  which  such  school  is  located,  as  members 
of  such  Board  of  Trustees  for  the  following  terms: (a) 
two  for  the  term  of  one  year,  two  for  the  term  of  two 
year,  two  for  the  term  of  three  years  and  two  for  the 
term  of  four  years ;  and  thereafter  two  trustees  shall  be 
appointed  in  like  manner  each  year  for  a  full  term  of  five 
years;  and  the  official  terms  of  all  trustees  in  office  at 
the  time  of  the  passage  of  this  act  shall  terminate  and 
expire  upon  the  making  of  the  appointment  aforesaid, 
and  the  trustees  appointed  hereunder  shall  take  office 
immediately  upon  their  appointment,  and  shall  continue 
in  office  until  their  successors  are  appointed,  and  any 
vacancy  that  may  occur  in  the  said  Board  of  Trustees 
shall  be  filled  by  appointment  in  like  manner  for  the  un- 
expired  term  only ;  the  said  Board  of  Trustees  shall  have 
control  of  the  buildings  and  grounds  owned  and  used 
by  such  schools,  the  application  of  the  funds  for  the  sup- 
port thereof,  the  regulation  of  the  tuition  fees,  the  ap- 
pointment and  removal  of  teachers,  the  power  to  pre- 
scribe the  studies  and  the  exercises  of  the  school  and 
rules  for  its  management,  to  grant  certificates  of  gradua- 
tion, to  appoint  some  suitable  person  treasurer  of  the 
board,  to  frame  and  modify  at  pleasure  such  by-laws 
as  they  may  deem  necessary  for  their  own  government ; 


(a)   Amended  by  section  6. 


MISCELLANEOUS  LAWS.  147 

they  shall  report  annually  to  the  State  and  local  Boards 
of  Education  their  own  doings  and  the  progress  and 
condition  of  the  schools. 

5.  The  said  trustees  shall  receive  no  compensation  Compensation, 
for  their  services,  but  the  expenses  necessarily  incurred 

by  them  in  the  discharge  of  their  duties  shall  be  paid 
upon  the  approval  of  the  Governor. 

6.  The  trustees  of  schools  for  industrial  education,  to 
be  hereafter  appointed  by  the  Governor  of  this  State 
for  full  terms  under  and  by  virtue  of  the  acts  to  which 
this  is  a  supplement  or  the  supplements  thereto,  shall 
serve  for  terms  of  four  years  and  not  for  terms  of  five 
years  as  now  required  by  law. 

7.  The  Board  of  Trustees  of  the  schools  for  indus-  Trustees  of 

'  industrial 

trial  education,  provided  for  and  organized  under  the  Seated  bodies 
act  to  which  this  is  a  supplement,  be  and  they  are  hereby  p0^0?^. 
created  a  body  corporate  under  the  name  and  style  of  ' 
"The  Board  of  Trustees  of  Schools  for  Industrial  Edu- 
cation," with  the  right  of  perpetual  succession,  to  sue 
and  be  sued,  to  purchase,  lease  and  hold  personal  and 
real  property,  and  to  sell  and  mortgage  the  same,  and 
with  power  to  accept  donations  and  bequests  of  money, 
and  property  to  be  used  for  the  purposes  for  which 
said  boards  are  constituted  and  organized. 

i.  Whenever  in  any  city  of  this  State  the  board  of   state  ap: 

propriation 

trustees  of  schools  for  industrial  education  shall  ac-  toward  local 

industrial 

quire  by  deed,  gift,  grant,  devise  or  otherwise,  the  sum  ph£°1Is909 
of  one  hundred  thousand  dollars,  to  be  expended  for  Chap- ?B- 
the  purchase  of  land  and  erection  and  equipment  of  a 
building  or  buildings  to  be  used  for  the  purposes  for 
which  said  board  is  constituted,  and  whenever  any  such 
board  of  trustees  of  schools  for  industrial  education  in 
said  city  shall  certify,  or  shall  have  certified,  to  the 
Governor  that  a  sum  of  money  not  less  than  three 
thousand  dollars  has  been  contributed  by  voluntary 
subscriptions  of  citizens,  or  otherwise,  as  hereinafter 
authorized,  for  the  establishment  in  said  city  of  a 
school  or  schools  for  industrial  education,  it  shall  be 


148 


MISCELLANEOUS  LAWS. 


Proviso. 


Erect  suit- 
able build- 
ings. 

P.I,  1907, 
Lhap.  222. 


Proviso. 


Bond  issue. 
Ibid. 


Amount. 


the  duty  of  the  said  Governor  to  cause  to  be  drawn  by 
warrant  of  the  comptroller,  approved  by  himself,  out 
of  any  moneys  in  the  State  Treasury  not  otherwise  ap- 
propriated, an  amount  equal  to  that  contributed  by  the 
said  city  as  aforesaid  for  the  said  object,  and  when 
any  such  school  or  schools  shall  have  been  established 
in  any  city  as  aforesaid,  there  shall  be  annually  con- 
tributed by  the  State,  in  manner  aforesaid,  for  the 
maintenance  and  support  thereof,  a  sum  of  money 
equal  to  that  contributed  each  year  in  said  city  for  such 
purpose;  provided,  however,  that  the  moneys  contrib- 
uted by  the  State  as  aforesaid  shall  not  exceed  in  any 
one  year  the  sum  of  ten  thousand  dollars. 

1.  It  shall  and  may  be  lawful  for  the  board  of  trustees 
of  the  school  for  industrial  education  in  any  city  of  the 
second  class  of  this  state,  upon  first  obtaining  the  con- 
sent of  the  common  council  or  other  governing  body  of 
such  city,  to  build  upon  land  already  owned  by  it,  or  to 
purchase  land  and  build  thereon  a  building  or  buildings, 
structure  or  structures,  for  the  uses  and  purposes  of  a 
school    for   industrial    education    within   its    corporate 
limits;  provided,  that  the  cost  and  expense  of  the  land 
purchased,  and  the  building  or  buildings,  structure  or 
structures  to  be  erected,  shall  not  in  the  aggregate  ex- 
ceed the  sum  of  fifty  thousand  dollars. 

2.  To  defray  the  cost  and  expense  of  such  land  and 
buildings,  structure  or  structures  to  be  erected  under 
and  in  pursuance  of  the  first  section  of  this  act,  it  shall 
be  lawful  for  the  common  council  or  other  governing 
body  of  any  city  of  the  second  class  in  this  state,  to 
issue  bonds  in  the  corporate  name  of  said  city  for  the 
aggregate  amount  required  by  said  board  of  trustees, 
in  sums  of  not  more  than  one  thousand  dollars,  and  not 
less  than  one  hundred  dollars  each,  to  be  signed  by  the 
mayor  and  countersigned  by  the  clerk  and  sealed  with 
the  corporate  seal  of  said  city,  and  to  have  written  or 
printed  thereon  the  words  "School  for  Industrial  Educa- 
tion Construction  Bonds,"  said  bonds  to  be  disposed 


MISCELLANEOUS  LAWS.  149 

of  at  not  less  than  their  par  value,  and  shall  be  payable 
at  the  expiration  of  not  more  than  twenty  years  after  Time  and 
their  date  of  issue,  and  to  draw  interest  at  a  rate  not 
exceeding  four  per  centum  per  annum,  payable  semi- 
annually,  and  may  be  registered  or  coupon  bonds,  or 
may  be  registered  and  coupon  bonds  combined,  at  the 
option  of  said  city,  and  there  shall  be  raised  by  taxes 
each  year  the  interest  on  the  whole  amount  of  the  bonds 
so  issued,  together  with  at  least  five  per  centum  per 
annum  for  the  purpose  of  a  sinking  fund,  to  be  paid  to 
the  commissioners  of  the  sinking  fund  of  said  city  for 
the  purpose  of  meeting  the  said  bonds  as  they  become 
due ;  and  the  money  raised  by  the  issuing  of  said  bonds 
shall  be  credited  on  the  books  of  the  city  treasurer  to  the 
said  trustees  of  the  school  for  industrial  education,  and 
paid  out  and  disbursed  by  the  city  treasurer,  from  time 
to  time,  on  the  written  order  or  orders  of  said  trustees, 
signed  by  their  president  and  secretary,  and  counter- 
signed by  the  city  comptroller,  in  payment  of  the  pur- 
chase price  of  any  land  purchased  by  said  trustees,  and 
the  cost  of  erection  of  any  building  or  buildings,  struc- 
ture or  structures  thereon  for  the  use  of  a  school  for 
industrial  education  within  the  corporate  limits  of  such 
city. 

SUMMER  COURSES  IN  AGRICULTURE,   MANUAL  TRAINING 
AND  HOME  ECONOMICS. 

1.  For  the  purpose  of  establishing  and  maintaining 
summer  courses  for  instruction  in  method  of  teaching  J/^1908' 
elementary  agriculture,  manual  training  and  home  eco- 
nomics, there  shall  be  appropriated  annually  a  sum  not 
exceeding   two   thousand    dollars;    provided,    that   no  Froviso 
money  shall  be  expended  under  the  provisions  of  this 

act  until  an  appropriation  therefor  shall  have  been  made 
in  the  annual  appropriation  bill. 

2.  The  State  Board  of  Education  shall  adopt  rules   Rules,  regula- 

tions, places, 
and  regulations  for  establishing  and  maintaining  sun>   ibid. 


ISO 


Certificates 
valid  to 
teach. 


Proviso. 


Expenses, 
how  paid. 
Ibid. 


MISCELLANEOUS  LAWS. 

mer  courses  of  study  in  elementary  agriculture,  manual 
training  and  home  economics,  and  shall  designate  the 
place  or  places  where  such  courses  shall  be  provided. 
Certificates  of  graduation  from  such  courses  of  study  as 
prescribed  by  the  State  Board  of  Education  shall  be 
valid  licenses  to  teach  in  the  public  schools  the  subjects 
covered  by  said  certificates;  provided,  the  holders 
thereof  shall  also  hold  certificates  valid  as  licenses  to 
teach  in  the  public  schools  in  which  they  shall  be  em- 
ployed. 

3.  All  expenses  incurred  in  establishing  and  main- 
taining such  courses  of  study  and  which  are  to  be  paid 
out  of  the  moneys  appropriated  under  the  provisions  of 
the  act  shall  be  paid  by  the  State  Treasurer  on  the  war- 
rant of  the  State  Comptroller,  on  bills  approved  by  the 
State  Board  of  Education. 


School  at 
state  prison. 
P.  I,-  1907, 
p.   124. 


School 
board. 
Tbid. 


Proviso. 


An  Act  to  establish  a  school  and  to  provide  school  facili- 
ties and  accommodations  in  the  State  Prison. 
BE  IT  ENACTED  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey: 

1.  The  board  of  inspectors  of  the  State  Prison  shall 
establish  in  said  prison  a  school  for  the  instruction  of 
persons   confined   therein,   and   shall   provide   for   said 
school  a  suitable  school-room  or  school-rooms,  together 
with  proper  furniture  and  equipment. 

2.  Said  school  shall  be  under  the  supervision  and  con- 
trol of  a  board  to  be  known  as  the  State  Prison  School 
Board.    Said  board  shall  consist  of  the  principal  keeper 
of  the  prison,  two  members  of  the  Board  of  Inspectors, 
to  be  appointed  annually  by  the  board,  and  the  moral 
instructors  in  said  prison.     The  members  of  said  board 
appointed  by  the  Board  of  Inspectors  shall  hold  office 
for  the  term  of  one  year;    provided,  that  the  term  of 
office  of  a  member  of  such  board  so  appointed  shall  not 
extend  beyond  his  term  of  office  as  a  member  of  the 
Board  of  Inspectors. 


MISCELLANEOUS  LAWS.  151 

3.  The  State  Prison  School  Board  shall  make  neces-   fbfdes- 
sary  rules  for  the  proper  conduct  and  management  of 
said  school  to  be  approved  by  the  Board  of  Inspectors, 

shall  appoint  the  teachers  and  fix  their  salaries  and  Jne|cbh0e0rkss 
terms  of  employment,  purchase  the  necessary  text- 
books, apparatus  and  supplies,  and  prescribe  the  course 
of  study  to  be  pursued  in  said  school.  Said  course  of 
study  shall  provide  an  elementary  education,  equivalent 
to  that  provided  by  similar  courses  of  study  in  the  pub- 
lic schools  in  this  State.  The  course  of  study  and  any 
changes  therein  shall  be  submitted  to  the  State  Board 
of  Education  for  its  approval,  and  no  course  of  study 
shall  be  established  until  approved  by  said  board. 

4.  No  teacher  receiving  a  salary  for  services  shall  be 
employed  in  such  school  who  does  not  possess  a  certifi-  Ibid- 
cate  of  qualification  issued  under  rules  prescribed  by  the 
State  Board  of  Education. 

5.  The  head  teacher  shall  not  be  an  inmate  of  said  who  may 

^  teach. 

prison.    Inmates  of  said  prison  may,  with  the  approval,   Ibid- 
in  writing,  of  the  principal  keeper,  be  appointed  as  assist- 
ant teachers. 

6.  No  inmate  of  said  prison  shall  be  admitted  as  a  Keepers' 

.....  .  .     consent. 

pupil  in  said  school  except  upon  the  written  consent  of   ibid, 
the  principal  keeper. 

7.  The  expenses  incurred  by  the  Board  of  Inspectors   Expenses  met 
in  providing  and  maintaining  a  school-room  or  school-   ibid. 
rooms,  or  for  the  purchase  of  school  furniture  and  equip- 
ment, shall  be  certified  to  the  State  Comptroller  by  said 

board,  and  the  expenses  incurred  by  the  State  Prison 
School  Board  in  carrying  into  effect  the  purposes  of 
this  act  shall  be  certified  to  said  Comptroller  by  said 
school  board.  All  expenses  incurred  under  the  pro- 
visions of  this  act,  when  properly  certified  as  aforesaid, 
shall  be  paid  on  the  warrant  of  said  Comptroller  out  of 
any  moneys  in  the  State  Treasury  not  otherwise  appro- 
priated ;  provided,  that  no  expense  shall  be  incurred  proviso. 
under  the  provisions  of  this  act  until  an  appropriation 


152 


Annual 
report. 
Ibid. 


MISCELLANEOUS  LAWS. 

therefor  shall  have  been  made  in  a  regular  appropriation 
bill. 

8.  The  State  Prison  School  Board  shall  report  to  the 
Board  of  Inspectors  annually,  on  or  before  the  fifteenth 
day  of  November,  in  regard  to  all  matters  committed  to 
its  care,  and  shall  transmit  a  copy  of  said  report  to  the 
State  Board  of  Education. 


Building  for 
school  of 
detention. 
P.  Iv.  1909, 
Chap.  205. 


Proviso. 


School  a 

special 

district. 


School 
moneys. 


Management 
of  school 
and  district. 


An  Act  to  establish  Schools  of  Detention. 

i.  It  shall  be  lawful  for  the  boards  of  chosen  free- 
holders or  commissioners  of  any  county  in  this  State 
where  a  juvenile  court  is  established,  or  may  hereafter 
be  established,  to  purchase  suitable  land  and  buildings, 
to  erect  the  necessary  buildings  on  land  owned  by  said 
county,  to  be  used  as  a  school  of  detention  for  the 
purpose  of  caring  for  dependent  and  delinquent  chil- 
dren under  sixteen  years  of  age  whom  it  may  be  neces- 
sary to  hold  in  custody  by  virtue  of  the  order  or  direc- 
tion of  any  Court  of  Common  Pleas  of  said  county,  and 
to  furnish  and  maintain  the  same;  provided,  that  no 
such  land  shall  be  purchased,  or  building  or  buildings 
shall  be  erected,  without  the  consent  and  approval  of 
the  judge  of  the  juvenile  court.  Such  school  of  deten- 
tion, together  with  the  land  belonging  thereto,  shall  con- 
stitute a  special  school  district  in  said  county,  and  shall 
be  entitled  to  receive,  and  the  county  superintendent  of 
said  county  shall  apportion  and  cause  to  be  paid  to  the 
county  collector,  who  shall  be  the  custodian  of  school 
moneys  for  said  special  school  district,  such  apportion- 
ments of  the  State  school  moneys  and  interest  and 
surplus  revenues  as  are  paid  to  public  school  districts 
in  said  county.  When  the  grounds  have  been  secured, 
and  the  buildings  erected  and  prepared  for  occupancy, 
the  general  management  of  such  school  of  detention 
and  school  district  shall  be  vested  in  a  board  of  direc- 


MISCELLANEOUS  LAWS.  153 

tors  consisting  of  the  judge  of  the  juvenile  court,  the 
county  superintendent  of  schools,  the  president  or 
director  of  the  board  of  chosen  freeholders,  or  county 
commissioners,  and  two  members  of  said  board  or  com- 
mission, to  be  selected  by  the  director  or  president 
thereof,  and  the  superintendent  of  schools  of  the  most 
populous  city  in  said  county. 

2.  These  schools  of  detention  shall  receive  also  chil- 
dren  under  the  age  of  sixteen  who  shall  be  habitual 
truants  from  school,  or  who  shall  be  habitually  insub- 
ordinate or  incorrigible  and  disorderly  during  their  at- 
tendance at  school,  which  children  shall  be  complained 
against  as  juvenile  delinquents,  in  accordance  with  the 
provisions  of  the  act  entitled  "An  act  establishing  a 
court  for  the  trial  of  juvenile  offenders  and  defining  its 
duties  and  powers,"  approved  April  eighth,  one  thou- 
sand nine  hundred  and  three. 

3.  The  said  schools  of  detention  shall  be  arranged  Arrange- 

ments. 

and  conducted,  so  far  as  practicable,  for  the  safe  cus-  £•  ^-  1(>o8> 

Chap.  307. 

tody  of  children  committed  thereto,  and,  so  far  as  the 
length  of  time  of  their  commitment  permits,  for  their 
training  and  education  for  good  citizenship  and  self- 
support.  There  shall  be  ample  ground  for  fanning  or 
gardening,  and  shops  or  other  means,  for  industrial 
training,  and  the  institution  shall  be  maintained  or  con- 
ducted as  a  home.  To  this  end  the  employes  provided 
for  and  selected  to  control  and  manage  such  school  of 
detention  shall  be  a  superintendent,  and  such  teachers, 
matrons,  farmers,  and  other  employes  as  in  the  judg- 
ment of  the  board  of  directors  may  be  necessary  for 
the  proper  maintanance  of  the  school  and  grounds,  and 
the  proper  care  and  instruction  and  training  of  the 
children.  The  said  superintendent  shall  be  a  man  or  a 


woman  of  good  moral  character,  and  thoroughly  com- 
petent to  discharge  the  duties  of  the  office.  The  said 
superintendent  shall  be  selected  and  employed  by  the 
said  board  of  directors  of  said  special  school  district, 
and  he  or  she  shall  reside  in  said  school  of  detention  or 


154 


MISCELLANEOUS  LAWS. 


Teachers. 


Supervising 
principal. 


School 
records. 


Salaries. 


Additional 
funds  fur- 
nished by 
county. 


Records. 
P.  L.  1906, 
Chap.  37- 


special  school  district.  The  course  of  study  and  training 
for  the  pupils  in  such  school  of  detention  shall  be  pre- 
pared by  said  superintendent,  or  by  the  principal  teacher 
of  said  school,  subject  to  the  approval  of  the  board  of 
directors  and  the  State  Board  of  Education.  The  teach- 
ers in  said  school  shall  be  required  to  have  such  legal 
certificates  to  teach  as  are  required  of  teachers  in  the 
public  schools  of  the  State.  The  principal  teacher  shall 
be  the  supervising  principal,  and  the  district  shall  be  en- 
titled to  the  $600  p£r  year  now  apportioned  by  law,  or 
whatever  sum  may  hereafter  be  apportioned  to  school 
districts  under  the  supervision  of  a  supervising  princi- 
pal. The  teachers  and  principal  of  said  school  district 
shall  make  such  reports  and  keep  such  records  as  are 
required  to  be  made  and  kept  in  other  public  school  dis- 
tricts of  said  county.  The  said  superintendent  shall 
have  power  to  employ  such  additional  help  as  may  be 
necessary  for  the  maintenance  of  such  buildings  and 
grounds,  subject  to  the  approval  of  the  board  of  direc- 
tors. The  salaries  or  wages  and  terms  of  service  of 
superintendent,  matron,  teachers  and  other  employes  of 
such  school  shall  be  determined  by  said  board  of  direc- 
tors. Whatever  sum  in  addition  to  the  money  received 
from  the  State  may  be  necessary  to  maintain,  operate 
and  conduct  said  school  to  pay  salaries  or  wages  of  em- 
ployes, and  to  procure  supplies,  shall  be  appropriated 
by  the  board  of  chosen  freeholders  of  said  county.  All 
bills  shall  be  paid  by  the  custodian  of  school  moneys  of 
said  special  school  district  on  order  signed  by  the  presi- 
dent and  secretary  of  the  said  board  of  directors. 

4.  It  shall  be  the  duty  of  the  superintendent  of  said 
schools  of  detention  to  keep  a  complete  record  of  all 
children  committed  thereto  in  a  book,  which  record  shall 
contain  the  name,  address  and  age  of  each  child,  cause 
of  its  detention  and  the  length  of  time  detained,  the 
offense  alleged  to  have  been  committed  by  such  child,  if 
any,  and  any  other  useful  data  or  information  that  may 
be  directed  to  be  kept  by  the  judge  of  the  Juvenile  Court 


MISCELLANEOUS  LAWS.  155 

of  the  county.  A  record  shall  also  be  kept  by  such 
superintendent  of  all  expenditures  made  by  the  county 
for  the  care  and  maintenance  of  such  school.  An  annual 
report  to  the  board  of  chosen  freeholders  shall  be  made 
between  the  first  and  thirty-first  of  December  in  each 
year  by  the  superintendent,  which  shall  contain  an  item- 
ized statement  of  all  such  expense  necessary  to  main- 
tain such  schools,  together  with  the  number  of  inmates 
therein  during  each  month.  The  judge  of  the  Juvenile 
Court  of  said  county  at  any  time  may  demand,  in  which 
case  it  shall  be  the  duty  of  the  superintendent  to  furnish, 
such  information  as  said  court  may  require  concerning 
the  conduct,  maintenance  or  inmates  of  the  school  of 
detention.  Such  schools  shall  be  supplied  with  all  the 
necessary  teachers,  help  and  convenient  facilities  for  the 
care  of  the  inmates  thereof.  All  children  under  six- 
teen years  of  age  arrested  for  any  cause  (except  murder 
or  manslaughter)  and  school  children  habitual  truant 
or  incorrigible  may,  by  the  order  of  the  Juvenile  Court, 
be  held  in  the  detention  school  until  final  judgment. 

5.  For  the  purpose  of  obtaining  means  for  the  pur- 
chase  of  such  lands  and  buildings,  or  the  erection  of   ^^  *9°s, 
such  building  or  buildings  for  the  school  of  detention, 
and  the  furnishing  thereof,  it  shall  be  lawful  for  the 
board  of   freeholders  or   commissioners   of   any   such 
county  to  issue  and  sell  the  bonds  of  said  county  to  an 
amount  not  exceeding  one-half  of  one  per  centum  of   Amount. 
the  ratables  of  said  county;  said  bonds  shall  bear  inter- 
est at  a  rate  not  exceeding  five  per  centum  per  annum,   Rate. 
and  the  principal  thereof  shall  be  payable  at  a  time  not  Time- 
exceeding  twenty  years  from  their  date ;  and  such  board 
of  chosen  freeholders,  or  county  commissioners,  shall 
establish  a  sinking  fund,  to  be  raised  by  taxation  from   sinking  fund. 
year  to  year,  sufficient  to  pay  off  and  discharge  said 
bonds  at  their  maturity,  and  shall  also  include  in  the 
annual   tax  levy  a   sum  sufficient  to  pay  the   interest 
thereon. 


156 


MISCELLANEOUS  LAWS. 


Counties  may 
contract  for 
children. 
P.  I,.  1910, 
Chap.  99. 


Proviso. 


Proviso. 


Price  of 
board  per 
week. 


6.  In  counties  of  this  State  where  the  total  commit- 
ments of  the  above  classes  of  children  during  the  year 
may  be  so  few  as,  in  the  judgment  of  the  board  of 
chosen  freeholders,  to  render  impracticable,  on  account 
of  the  large  expense  involved,  the  building  and  support- 
ing of  such  houses  of  detention  within  such  county, 
it  shall  be  lawful  for  such  county,  through  its  respective 
boards  of  chosen  freeholders,  with  the  consent  of  the 
judge  of  the  Juvenile  Court  of  said  county,  or  the  judge 
of  the  Orphans'  Court,  if  there  be  no  Juvenile  Court, 
to  enter  into  negotiations  with  any  reputable  and  regu- 
larly incorporated  society  or  institution  in  this  State 
whose  business  it  is  to  care  for  homeless  or  indigent 
or  neglected  children  for  the  board  and  care  of  such 
children  as  may  from  time  to  time  be  committed  by  the 
said  judge,  or  as  may  be  placed  therein  by  the  parent  or 
parents,    guardian    or   guardians    of    any    such    child: 
provided,  such  society  or  institution  is  willing  to  enter 
into  bonds  to  carry  out  in  full  the  spirit  and  intent  of 
this  law  as  to  the  length  of  time  such  child  or  children 
shall  be  detained,   the  character  of  the  physical,  the 
mental  and  the  moral  discipline  it  shall  receive,   and 
the  regular  reports  to  be  made ;  and  provided,  said  chil- 
dren  are   regularly  sent  to  the  public  schools  in  the 
district  in  which  said  institution  is  located,  or  are  regu- 
larly sent  to  a  school  maintained  and  conducted  by  such 
society  or  institution.     And  the  said  judge,  with  the 
concurrence  of  the  said  board  of  chosen  freeholders, 
is  hereby  authorized  to  fix  the  price  to  be  paid  per  week 
for  the  board  of  each  child  so  placed,  not  exceeding 
three  dollars  per  week;  the  amount  to  be  expended  in 
clothing,  medical  attendance  or  incidentals  that  may  be 
found  necessary  and  to  provide   for  the  payment  of 
all  such  expense.     And  such  corporate  society  or  insti- 
tution, by  thus  accepting  such  children  from  the  county, 
shall  not  thereby  become  a  part  of  the  public  school 
system  of  the  State,  but  retain  its  place  and  its  corpo- 
rate powers,  and  its  character  as  a  private  institution 


MISCELLANEOUS  LAWS.  157 

belonging  to  and  a  part  of  the  said  corporate  society  or 
institution;  and  provided  further,  that  it  shall  be  lawful  Proviso. 
for  the  board  of  chosen  freeholders  of  any  county  in 
this  State  to  purchase  lands  adjoining  or  near  any  such 
house  of  detention  or  school,  wherever  the  same  may 
be  located  in  this  State,  and  to  erect  and  construct 
proper  and  necessary  buildings  thereon  for  the  care  of 
homeless,  indigent  or  neglected  children,  or  such  as  may 
be  placed  in  or  committed  thereto  from  said  county 
or  counties,  as  in  this  act  provided;  provided  further,  Proviso. 
that  the  total  amount  hereby  authorized  to  be  expended 
by  the  board  of  chosen  freeholders  of  any  county  in 
this  State  for  the  purchase  of  said  land,  and  the  erec- 
tion and  construction  of  necessary  buildings  thereon, 
and  the  furnishing  of  the  same,  shall  not  exceed  the 
sum  of  three  thousand  dollars;  and  provided  further,  Proviso, 
that  it  shall  be  lawful  for,  and  the  board  of  chosen  free- 
holders of  any  county  of  this  State  may,  in  their  dis- 
cretion, in  lieu  of  issuing  and  selling  bonds  of  said 
county  for  the  obtaining  O'f  means  for  the  purchase  of 
said  lands  and  the  erection  and  furnishing  of  said  build- 
ings as  provided  for  in  this  act,  provide  by  taxation 
for  the  raising  and  paying  the  cost  of  the  purchase  of 
said  lands  and  the  erection  and  furnishing  of  said 
buildings,  and  cause  the  same  to  be  assessed  and  col- 
lected by  tax,  at  the  same  time  and  in  the  same  manner 
as  other  taxes  in  said  county  or  counties  are  assessed 
and  collected,  a  sum  sufficient  to  pay  for  the  same. 


An  Act  permitting  certain  boards  of  education  to  con- 
vey school-houses  and  lands  to  the  boroughs  or  other 
municipalities  in  which  they  are  situate. 

BE  IT  ENACTED  by  the  Senate  and  General  Assembly 
of  the  State  of  New  Jersey:  Conveyance 

J  of  school 

i.  In  any  borough  or  other  municipality  in  this  State  property  to 

J  municipality 

where  the  board  of  education  thereof  has  been  or  shall  f°r  nominal 

sum. 

hereafter  be  authorized  by  vote  of  the  qualified  voters 


158 


MISCELLANEOUS  LAWS. 


Proviso. 


of  such  borough  or  other  municipality  at  an  election 
held  for  that  purpose  to  acquire  land  and  erect  thereon 
a  new  school-house  and  to  dispose  of  an  old  school- 
house  and  the  lot  of  land  on  which  the  same  is  erected, 
and  the  borough  or  other  municipality  in  which  said  old 
school-house  and  land  are  situate  shall  be  desirous  of 
acquiring  the  same  to  use  for  public  purposes,  it  shall 
be  lawful  for  such  board  of  education  to  convey  said 
old  school-house  and  the  lot  of  land  upon  which  it  is 
erected  to  the  borough  or  other  municipality  by  its  cor- 
porate name  for  a  nominal  consideration ;  provided,  how- 
ever, the  lines  of  the  municipality  are  co-extensive  with 
the  lines  of  the  school  district  and  a  resolution,  re- 
questing such  conveyance,  shall  have  first  been  passed 
by  a  vote  of  a  majority  of  all  the  members  of  the  council 
or  other  governing  body  of  the  municipality  and  a  reso- 
lution, authorizing  such  conveyance,  shall  have  been 
passed  by  a  vote  of  a  majority  of  all  the  members  of 
such  board  of  education. 


Unused 
school  build- 
ings may  be 
transferred  to 
township. 
P.  L.  1907, 
Chap.  49. 


Remodeling 
and  use  of 
such  building. 


An  Act  to  authorize  the  board  of  education  of  any  town- 
ship in  this  state  to  transfer  any  unused  school  build- 
ing to  the  township  in  which  said  board  of  education 
is  located  and  to  empower  the  township  committee  to 
use  said  building  for  municipal  purposes. 
BE  IT  ENACTED  by  the  Senate  and  General  Assembly 

of  the  State  of  New  Jersey: 

1.  It  shall  be  lawful  for  any  board  of  education  of 
any  township  in  this  State,  by  resolution  adopted  by  a 
two-thirds  vote  of  the  members  of  said  board  of  educa- 
tion, to  transfer  any  building  not  used  by  it  for  school 
purposes  to  the  township  in  which  said  board  and  school 
building  is  located  for  use  by  said  township  for  muni- 
cipal purposes. 

2.  It  shall  be  lawful  for  any  township  committee  of 
any  township  to  which  any  school  building  may  be  trans- 
ferred, to  alter  and  remodel  said  building,  to  remove 


MISCELLANEOUS  LAWS.  159 

the  same  to  any  suitable  location  upon  lands  belonging 
to  the  township,  and  do  and  perform  any  act  which  may 
be  necessary  to  put  such  building  in  proper  condition,  to 
use  the  same  for  municipal  purposes  of  such  township, 
and  any  expense  incurred  thereby  shall  be  paid  out  of 
any  unexpended  balances  or  funds  in  the  possession  of 
the  township  committee. 

AGRICULTURAL  COLLEGE. 

i.  It  shall  be  the  duty  of  the  county  superintendent, 
at  such  time  and  place  as  the  Commissioner  of  Education 
may  appoint,  to  examine  such  candidates  for  state  schol- 
arships  at  the  agricultural  college  as  may  present  them- 
selves, and  the  candidates  shall  be  subjected  to  such  ex- 
amination as  the  faculty  of  the  said  college  and  the  Com- 
missioner of  Education  shall  prescribe;  and  the  candi- 
dates who  shall  receive  certificates  of  appointment  to  the 
agricultural  college  in  any  one  county  shall  be  those  who 
obtain,  on  such  examination,  the  highest  average  for 
scholarship;  and  the  number  of  certificates  thus  granted 
shall  in  no  case  exceed  the  number  of  state  scholarships 
to  which  such  county  is  entitled. (a) 

i.  In  order  that  the  students  in  the  schools  in  all   Dumber  of 

scholarships. 

parts  of  the  state  may  receive  the  stimulus  afforded  by  £• L-  ^05, 

J  *      Chap.  90. 

the  opportunity  to  pursue  the  courses  of  study  in  the 
State  Agricultural  College,  and  in  order  to  enable  said 
State  Agricultural  College  to  furnish  instruction  gratui- 
tously to  students,  residents  of  this  state,  in  its  several 
courses  of  study,  as  special  courses  of  advanced  study 
in  the  public  school  system  of  this  state,  there  shall  be 
sent  to  the  said  college,  each  year,  from  each  county  in 
this  state,  students  to  the  number  of  members  of  assem-  AS  many 

c»s  nicn\l>crs 

bly  to  which  such  county  is  entitled,  to  be  selected  and  of  assembly, 
designated  as  hereinafter  provided,  who  shall  receive 
gratuitous  instruction  in  any  or  all  of  the  prescribed 

(a)   Each    county    is    entitled    to    as    many    students    as    it   has    representa- 
tives in  the  legislature.     P.  L,   1864,  Chap.  369,  §  10. 


i6o 


MISCELLANEOUS  LAWS. 


Students 
on  vacant 
scholarships. 


Selection  of 
students. 
P.  Iy.  1909, 
Chap.  26. 


When  exam- 
ination held. 


Subjects. 


Certificates 
issued  by 
state  commis- 
sioner of 
education. 


branches  of  study  in  any  of  the  courses  of  study  of  said 
state  college,  under  the  general  powers  of  supervision 
and  control  possessed  by  the  board  of  visitors  of  said 
state  college.  Said  students  so  received  shall  be  resi- 
dents of  this  state,  and  shall  be  admitted  into  said  state 
college  upon  the  terms  and  subject  to  the  rules  and  dis- 
cipline which  shall  apply  to  all  other  free  students  of 
said  college;  and  if  there  should  be  from  any  county 
more  than  the  designated  number  of  suitably  prepared 
applicants  .in  the  same  year,  such  additional  applicants 
may,  in  the  discretion  of  the  board  of  visitors  of  the 
said  State  Agricultural  College,  be  received  on  any  va- 
cant scholarships  of  any  other  county  until  the  county 
last  named  shall  require  such  scholarships,  after  notice 
has  been  served  on  the  superintendent  of  education  of 
the  county  in  which  such  vacant  scholarships  existed. 

2.  Said  students  shall  be  selected  as  follows :  A  com- 
petitive examination,  unider  the  direction  of  the  city 
superintendents  and  the  county  superintendents  of  edu- 
cation in  each  county  shall  be  held  upon  the  first  Friday 
in  June  in  each  year  and  the  Saturday  following,  at  such 
place  or  places  in  each  county  as  shall  be  designated  by 
the  said  superintendent,  and  the  necessary  traveling 
expenses  of  said  examiners  not  otherwise  provided  for 
by  law,  on  the  approval  of  the  president  and  secretary 
of  the  Board  of  Visitors  of  said  State  Agricultural  Col- 
lege, shall  be  paid  by  said  State  College;  students  who 
apply  for  examination  shall  be  examined  upon  such 
subjects  as  may  be  designated  by  the  faculty  of  said 
college  and  the  State  Board  of  Education,  and  the  said 
city  and  county  superintendents  shall  report  to  the 
president  of  said  college  and  to  the  Commissioner  of 
Education  the  names  of  all  such  students  examined  as 
in  their  opinion  are  suitably  prepared  to  enter  said  col- 
lege, with  their  estimate  of  the  order  of  excellence  in 
scholarship  shown  by  said  students  at  such  preliminary 
examination;  certificates  of  appointment  to  the  State 


MISCELLANEOUS  LAWS.  161 

Agricultural  College  shall  be  issued  by  the  Commis- 
sioner of  Education  to  all  of  such  students  as  are  so 
found  to  be  qualified  to  enter  said  college,  and  in 
case  the  vacant  scholarships  shall  not  be  sufficient  to 
receive  all  such  successful  candidates,  preference  in  ap- 
pointing to  vacant  scholarships  shall  be  given  to  suc- 
cessful candidates  in  the  order  of  the  excellence  of  their 
examination  as  certified  by  said  superintendents,  and  in 
general  the  regulations  and  provisions  governing  the 
conduct  of  such  examinations,  and  the  appointment  of 
said  students  to  said  scholarships  shall  be  subject  to  the 
control  of  said  Board  of  Visitors  of  said  college. 

3.  Each  student  so  appointed  and  admitted  to  said  ^"udent. 
college  shall  be  regarded  as  holding  a  state  scholarship,   ci»p.9o. 
and  for  each  scholarship  so  held  there  shall  be  due  from 

the  state  to  the  college,  on  the  first  day  of  November,  in 
each  year,  the  sum  of  one  hundred  and  twenty  dollars ; 
provided,  that  the  aggregate  amount  due  for  any  year  Proviso- 
for  such  scholarships  shall  not  exceed  fifteen  thousand 
dollars,  (a) 

4.  In  order  to  ascertain  the  Dumber  of  scholarships 

for  which  payment  shall  be  due  as  aforesaid,  the  presi-  number  of 
dent  of  said  college  shall  in  the  month  of  October  in   ibid.ent 
each  year  make  his  certificate  in  writing,  setting  forth 
the  names  of  the  students  so  as  aforesaid  appointed  and 
then  in  attendance  at  said  college,  the  counties  from: 
which  they  were  appointed  and  the  classes  in  college  to 
which  they  belong,  or  the  special  courses  of  study  which 
they  are  pursuing,  which  certificate,  when  approved  by  ApprovaL 
the  president  of  the  board  of  visitors  of  the  State  Agri- 
cultural College,  shallbe  plenary  evidence  of  the  num- 
ber of  scholarships   for  which  payment  shall  be  due, 

(a)  It  was  competent  for  the  legislature  to  establish  an  agricultural 
college  at  Rutgers,  and  to  support  it  out  of  the  state's  general  fund,  and 
the  legislation  on  that  subject  is  not  infirm  by  reason  of  the  constitu- 
tional provision  against  private,  special  or  local  legislation,  or  by  reason 
of  the  further  provision  "that  no  donation  of  land  or  appropriation  of 
money  shall  be  made  by  the  state  or  any  municipal  corporation  to  or  for 
the  use  of  any  society,  association  or  corporation."  Rutgers  College  v. 
Morgan,  41  Vr.  460. 

II         S        Iv 


1 62 


MISCELLANEOUS  LAWS. 


Establish 
short 
courses. 
P.  L-  1905, 
Chap.  55. 


Subjects  of 
instruction. 
Ibid. 


Buildings 
and  appa- 
ratus. 
Ibid. 


Instructors. 
Ibid. 


Appropria- 
tion. 
Ibid. 


and  on  filing  the  same  with  the  Comptroller  of  the  state 
he  shall  draw  his  warrant  upon  the  State  Treasurer  for 
the  sum  of  money  to  which  the  said  college  may  accord- 
ingly be  entitled,  and  the  State  Treasurer  shall  pay  the 
same  as  soon  as  proper  appropriation  shall  have  been 
made  therefor. 

1.  The  trustees  of  the  State  Agricultural  College  of 
New  Jersey  be,  and  they  are,  hereby  required  to  estab- 
lish in  said   State  Agricultural   College  a  department 
which    shall    provide    short    courses    in    agriculture, 
equipped  and  designed  for  the  practical  education  of 
students,  in  both  general  and  specific  lines  of  farming. 

2.  Said  department  shall  offer  special  instruction  to 
students  on  soils,  crops,  fertilizers,  manures,  drainage, 
farm  machinery,  farm  building;    breeds  of  live-stock, 
stock  judging,  animal  diseases  and  remedies;    produc- 
tion and  handling  of  milk  and  cream,  the  manufacture 
of  butter  and  cheese;  the  growth  of  fruits,  berries,  man- 
agement of  orchards,  market  garden  and  vegetable  crops, 
and  insects  injurious  to  the  various  plants,  diseases  of 
plants;    animal  nutrition,  including  the  use  of  forage 
crops,  cereal  grains,  fine  feeds,  and  all  other  matters 
pertaining  to  general  and  specific  lines  of  farm  practice. 

3.  Said  department  shall  be  provided  with  suitable 
buildings  for  stock  judging,  butter  making,  milk  testing 
and  lecture-rooms ;  said  buildings  shall  be  equipped  with 
the  necessary  apparatus  and  machinery  far  carrying  out 
the  specific  instruction  provided  for  in  section  two. 

4.  Said  trustees  shall  employ  to  conduct  this  depart- 
ment competent  instructors  of  the  necessary  education 
and  scientific  acquirements,  who  shall  teach  the  theo- 
retical and  practical  part  of  the  subjects  herein  pro- 
vided for. 

5.  There  shall  be  appropriated  out  of  the  general 
revenues  of  the  state  the  sum  of  twenty-four  thousand 
dollars,  to  be  expended  in  the  organization,  equipment 
and  maintenance  O'f  said  department,  as  provided  for  in 
the  first  four  sections  of  this  act  for  the  current  year, 


MISCELLANEOUS  LAWS.  163 

and  then  shall  be  appropriated  from  the  same  fund  the 
sum  of  six  thousand  five  hundred  dollars  annually  here- 
after, beginning  on  the  next  succeeding  year  for  the 
salaries,  supplies  and  all  other  expenses  for  the  main- 
tenance of  said  department;  provided,  that  such  sum  or  proviso. 
sums  shall  first  be  appropriated  in  the  annual  appro- 
priation bill. 

FREE  LECTURES. 


1.  The  boards  of  education  in  cities  of  this  state  or 
other  municipalities  containing  over  ten  thousand  popu- 
lation  according  to  the  last  census  are  hereby  authorized  Chap-  4S- 
and  empowered  to  provide  for  the  employment  of  lec- 
turers on  the  natural  sciences  and  kindred  subjects  in  the 
public  schools  in  any  city  or  other  municipality,  in  the 
evenings,  for  the  benefit  of  workingmen  and  working- 
women. 

2.  The  said  boards  of  education  shall  have  the  power   Purchase 

necessary 

to  purchase  books,  stationery  and  other  things  necessary   apparatus, 
and   expedient   to   successfully   conduct   said   lectures,   ibid. 
which  it  shall  have  the  power  to  direct. 

3.  No  admission  fee  shall  be  charged,  and  at  least  one  NO  admission 
school  in  each  ward  or  subdivision  of  each  city  or  muni-  charged. 

TK'H 

cipality,  where  practicable,  shall  be  designated  by  the 
said  board  of  education  for  the  purpose  of  carrying  out 
the  provisions  of  this  act,  and  at  least  one  lecture  shall 
be  delivered  during  each  of  the  months  of  October,  No- 
vember, December,  January,  February  and  M&rch  in 
each  year,  which  shall  be  advertised  in  a  daily  or  weekly 
paper  published  in  said  city  or  municipality  at  least  ten 
days  in  advance  of  the  delivery  thereof. 

Extract  from  an  act  entitled  "An  act  concerning  dis- 
orderly persons"  [Revision  of  1898]. 

4.  Any  person  who  shall  enter  the  buildings  or  go 
upon  the  lands  belonging  to  any  public  school  district  of 
this  state,  or  used  and  occupied  for  school  purposes  by 
any  public  school  in  this  state,  and  shall  break,  injure 
or  deface  such   building  or  any   part   thereof,   or  the 


164 


MISCELLANEOUS  LAWS. 


Penalty  for 

bribery. 


Penalty  for 
officers 
having  an 
interest  in 
furnishing 
supplies. 


Penalty  for 
bribery. 


fences  or  outhouses  belonging  to  or  connected  with  such 
building  or  lands,  or  shall  disturb  the  exercises  of  such 
public  school,  or  molest  or  give  annoyance  to  the  chil- 
dren attending  such  school,  or  any  teacher  therein,  shall 
be  deemed  and  adjudged  to  be  a  disorderly  person. 

Extracts  from  an  act  entitled  "An  act  for  the  punish- 
ment of  crimes"  [Revision  of  1898]. 

28.  Any  member  or  officer  of  any  state,  county  or  city 
government,  or  any  member  of  any  public  board,  asso- 
ciation or  commission,  who  shall  hereafter  solicit  or 
receive  either  directly  or  indirectly,  any  money  or  valu- 
able thing,  reward  or  commission  for  his  vote  in  the 
appointment  or  selection  of  any  person  or  persons  to  any 
position  in  any  department  oi  any  public  body  afore- 
said, shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  accordingly,  and  be  forever  thereafter  disquali- 
fied from  holding  any  office  of  profit,  trust  or  emolu- 
ment in  this  state. 

29.  Any  employe  or  person  having  the  whole  or  par- 
tial   control    or    management    of    any    institution,    the 
moneys  for  the  support  of  which  are  drawn  in  whole  or 
in  part  from  the  treasury  of  the  state,  or  any  county  or 
city  thereof,  who  shall  be  directly  or  indirectly  interested 
in  furnishing  any  goods,  chattels,  supplies  or  property  of 
any  kind  whatsoever,  to  or  for  the  use  of  any  such  in- 
stitution, shall  be  guilty  oi  a  misdemeanor. 

30.  Any  person  who  shall  directly  or  indirectly  give, 
or  receive,  or  promise,  contract  or  agree  to  give  or  re- 
ceive, any  sum  or  sums  of  money,  or  any  goods,  chattels, 
gifts,  lands  or  real  estate,  or  any  other  thing,  present  or 
reward  whatsoever,  to  secure  or  obtain,  or  to  give  out  or 
grant  the  printing  of  blanks,  notices,  advertisements,  or 
any  other  printing,  or  any  other  work  or  thing,  con- 
nected with,  or  in  or  appertaining  to,  any  office  or  de- 
partment of  the  government  of  this  state,  or  any  office 
or  department  of  the  government  of  any  county,  city, 


MISCELLANEOUS  LAWS.  165 

town,  township,  borough  or  other  place  in  this  state, 
shall  be  guilty  of  a  misdemeanor. 

31.  Any  board  of  chosen  freeholders  or  any  town- 

ship  committee,  or  any  board  of  aldermen,  or  common  ai>Pr°Priatlon- 
councilmen,  or  any  board  of  education,  or  any  board  of 
commissioners  of  any  county,  township,  city,  town  or 
borough  in  this  state,  or  any  committee  of  any  such 
board,  committee  or  commission,  which,  or  any  member 
thereof  who  shall  disburse,  order  or  vote  for  the  dis- 
bursement O'f  public  moneys,  in  excess  of  the  appro- 
priation respectively  to  any  such  board  or  committee; 
or  which  board  or  committee,  or  any  member  thereof, 
who  shall  incur  obligations  in  excess  of  the  appropria- 
tion and  limit  of  expenditure  provided  by  law  for  the 
purposes  respectively  of  any  such  board  or  committee, 
thus  disbursing,  ordering  or  voting  for  the  disbursement 
and  expenditure  of  public  moneys,  or  thus  incurring 
obligations  in  excess  of  the  amount  appropriated,  and 
limit  O'f  expenditure  as  now  or  hereafter  appropriated 
and  limited  by  law,  shall  be  jointly  or  severally  guilty 
of  a  misdemeanor;  provided,  nothing  herein  shall  pre-  Proviso, 
vent  any  board  of  education  fronn  keeping  open  the 
public  schools. 

32.  Any  member  of  any  board  of  chosen  freeholders, 

or  any  township  committee,  or  any  board  of  education  traasinfoCr°n" 

...  i       r      1  1  buildings  or 

in  anv  school  district,  or  any  board  o>f  aldermen  or  comr   supplies. 

.«  .  .  -  .  P.  L.  1907, 

mon  council  in  any  city,  or  any  board  of  commissioners  p.  292. 
of  any  county,  township,  city,  town  or  borough  in  this 
state,  who  shall  be  directly  or  indirectly  concerned  in 
any  agreement  or  contract  for  the  construction  of  any 
bridge  or  building  of  any  kind  whatsoever,  or  any  im- 
provement whatever  to  be  constructed  or  made  for  the 
public  use  or  at  the  public  expense,  or  shall  be  a  party 
to  any  contract  or  agreement,  either  as  principal  or 
surety,  between  the  county,  township,  city,  town,  bor- 
ough or  school  district,  as  the  case  may  be,  and  any 
other  party,  or  who  shall  be  directly  or  indirectly  inter- 
ested in  furnishing  any  goods,  chattels,  supplies  or  prop- 


i66 


MISCELLANEOUS  LAWS. 


Manner  of 
advertising 
and  receiving 
proposals. 


erty  of  any  kind  whatsoever  to  or  for  the  county,  town- 
ship, city,  town,  borough  or  school  district,  the  contract 
or  agreement  for  which  is  made  or  the  expense  or  con- 
sideration of  which  is  paid  by  the  board,  council  or 
committee  of  which  such  member  is  a  part,  shall  be 
guilty  of  a  misdemeanor. 

33.  When  bids  or  proposals  for  supplies  or  for  public 
works  OT  buildings  or  other  public  purposes  are  asked 
for  by  boards  of  managers  having  charge  of  any  of  the 
public  institutions  of  this  state,  or  by  boards  of  free- 
holders, common  councils,  boards  of  works  or  other 
bodies  having  control  of  the  counties,  cities  or  other 
municipal  bodies  of  this  state  or  any  department  of  the 
same,  or  any  committees  representing  such  boards  or 
bodies,  such  boards  or  bodies  or  committees  shall  pro- 
ceed in  the  manner  following,  to  wit :  said  boards  or 
governing  bodies  or  committees  shall  give  public  notice 
at  the  time  such  bids  or  proposals  are  advertised  of  the 
time  and  place  when  such  bids  shall  be  received,  and  at 
such  time  and  place  the  said  board  or  governing  body 
or  committee,  being  in  session,  shall  receive  such  bids, 
and  thereupon  immediately  proceed  to  unseal  the  same 
and  publicly  announce  the  contents  in  the  presence  of 
the  parties  bidding  or  their  agents,  providing  said  par- 
ties or  agents  choose  to  be  then  and  there  present,  and 
also  make  proper  record  of  the  prices  and  terms  upon 
the  minutes  of  the  body;  no  bids  shall  be  received  pre- 
vious to  the  hour  designated  in  the  public  notice,  and 
none  shall  be  received  thereafter;  and  any  failure  to 
comply  with  the  provisions  hereof  shall  be  a  misde- 
meanor. 


State  board 
of  children's 
guar.iians; 
appointment 
and  term. 
P  L.  1895, 
Chap.  165. 


STATE  BOARD  OF  CHILDREN'S  GUARDIANS. 

i.  There  shall  be  appointed  by  the  Governor  seven 
persons,  two  of  whom  shall  be  women,  who  shall  be 
known  as  the  state  board  of  children's  guardians,  two  of 
whom  shall  hold  office  for  two  years,  two  for  four  years 


MISCELLANEOUS  LAWS.  167 

and  three  for  six  years,  as  shall  be  indicated  by  the 
Governor  on  making  their  appointment,  and  thereafter 
all  appointments,  except  to  fill  vacancies  in  the  said 
board,  shall  be  for  six  years,  and  shall  be  made  by  the 
Governor ;  said  board  shall  receive  no  compensation  for  Expenses  met. 
their  time  or  services  but  the  actual  and  necessary  ex- 
penses of  each  of  them  while  engaged  in  the  perform- 
ance of  the  duties  of  his  or  her  office. 

2.  In  case  of  the  death  or  resignation  of  any  mem- 
ber,  or  in  case  any  member  ceases  to  be  a  resident  or 
citizen  of  this  state,  it  shall  be  the  duty  of  the  Governor 
to  fill  such  vacancy  for  the  unexpired  term  only,  and  any 
member  may  be  removed  by  the  Governor  for  cause. 

3.  Said  board  of  children's  guardians  shall  have  and       y 
it  is  hereby  vested  with  power  to  adopt  a  seal  and  rea-   Ibid- 
sonable  rules  and  regulations;   said  board  of  children's 
guardians  shall  have  the  care  of  and  maintain  a  general 
supervision  over  all  indigent,  helpless,  dependent,  aban- 
doned, friendless  and  poor  children  who  may  now  be 

or  who  may  hereafter  become  public  charges ;  and  said 
board  shall  have  the  care  of  and  maintain  supervision 
over  all  children  adjudged  public  charges,  who  may 
now  be  in  the  charge,  custody  and  control  of  any  county 
asylum,  county  home,  almshouse,  poorhouse,  charitable 
institution,  home  or  family,  to  which  such  child  or  chil- 
dren may  be  or  have  been  committed,  confined,  adopted, 
apprenticed,  indentured  or  bound  out ;  said  board  shall 
have  and  is  hereby  vested  with  power  to  appoint  such 
agents,  one  being  a  woman,  and  other  subordinate  offi- 
cers as  it  may  deem  necessary ;  said  board  shall  fix  their 
compensation,  subject  to  the  approval  of  the  Governor, 
and  the  amount  paid  for  compensation  of  such  agents 
and  other  officers  shall  not  exceed  the  sum  appropriated 
by  the  legislature  for  the  purpose. 

4.  It  shall  be  the  duty  of  the  state  board  of  children's   Further  duty. 

J  P.  L,.  1902, 

guardians,  when  any  child  shall  become  a  public  charge,   ChaP- 16°- 
to  place  such  child  in  the  care  of  some  family  within  this 
state,  with  or  without  the  payment  of  board,  and  with 


1 68 


MISCELLANEOUS  LAWS. 


Proviso. 


Proviso. 


Visitations. 
P.  Iv.  1895, 
Chap.  165. 


Reports. 


or  without  indenture;  and  it  shall  further  be  the  duty  of 
such  state  board  of  children's  guardians  to  place  such 
child  in  the  care  of  some  family  of  the  religious  faith  of 
the  parent  or  parents  of  such  child,  and  during  the  pe- 
riod in  which  the  state  board  of  children's  guardians  is 
seeking  such  famiily  for  such  child  and  until  such  family 
is  secured  as  hereinbefore  provided,  it  shall  be  the  duty 
of  the  state  board  of  children's  guardians;  to  place  such 
child  in  the  custody  of  an  institution  in  this  state  for  the 
care  of  children ;  provided,  that  the  institution  in  which 
the  child  is  placed  shall  be  one  maintained  for  children 
of  the  religious  faith  of  the  parent  or  parents  of  such 
child  when  such  an  institution  exists  therein ;  in  case  no 
institution  of  such  religious  faith  exists  in  this  state,  then 
the  said  board  of  children's  guardians  shall  use  its  discre- 
tion in  providing  an  institution  for  the  care  of  such  child 
until  a  family  has  been  secured;  provided,  that  nothing 
in  this  act  contained  shall  be  construed  as  giving  such 
state  board  the  custody  of  any  child  heretofore  or  here- 
after placed  by  a  board  of  chosen  freeholders  in  a  duly 
incorporated  charitable  institution  located  in  the  county 
where  such  child  shall  have  been  committed  as  a  public 
charge  pursuant  to  an  act  approved  March  twenty-fifth, 
anno  domjini  one  thousand  eight  hundred  and  eighty- 
one,  entitled  "A  supplement  to  an  act  entitled  'An  act 
for  the  settlement  and  relief  of  the  poor'  (Revision), 
approved  March  twenty-fifth,  one  thousand  eight  hun- 
dred and  seventy-four." 

5.  It  shall  be  the  duty  of  the  state  board  of  children's 
guardians  to  visit,  by  its  agent  or  agents,  quarterly,  all 
children  who  may  be  committed  under  this  act,  and  also 
any  home,  asylum,  institution  or  private  family  where 
any  such  child  or  children  may  be  placed;  said  board 
shall  report  from  time  to  time  to  the  Governor,  and 
make  a  yearly  report  to  the  Governor  and  legislature  of 
the  state,  showing  in  detail  the  work  of  said  board  for 
that  time. 


MISCELLANEOUS  LAWS.  169 

6.  The  county  board  of  chosen  freeholders  of  the   ^sbrvro~ 
lespective  counties  of  this  state  shall  annually  hereafter  c^f^.Tce 
provide  sufficient  funds  for  the  objects  of  this  act  in   ] 

their  respective  counties  for  the  support,  care  and  edu- 
cation and  maintenance  of  any  child  or  children  ad- 
judged to  be  a  public  charge,  and  who  shall  become 
thereby  wards  of  the  state  board  of  children's  guard- 
ians; said  sum  shall  not  be  less  than  one  dollar  and 
fifty  cents  per  week  for  each  child. 

7.  It  shall  be  the  duty  of  the  proper  officers  in  anv   Provisions  for 

'      expenses  m 

county,  township,  borough,  city  or  other  municipality  in   jjjjjjjjjj 
any  county  in  the  state  having  jurisdiction  to  provide  in   ]bid- 
their  annual  budget  for  the  expense  of  maintaining  such 
children  as  aforesaid;  said  sum  not  to  be  less  than  one 
dollar  and  fifty  cents  per  week  for  each  child. 

8.  It  shall  be  the  duty  of  every  overseer  of  the  poor    overseer  of 
or  other  officer  in  any  borough,  city,  county,  township  or   £°°r- 1 
ether  municipality  in  any  county  in  the  state,  having   Chap- 16°- 
jurisdiction  and  power  to  do  so,  to  commit  such  child  or 
children  to  the  care  of  the  keeper  of  the  almshouse  or 

such  other  institution  where  he  would  commit  such  child 
or  children,  for  the  term  of  thirty  days  after  the  date  of 
such  commitment;  thereupon  he  shall  forthwith  give  a 
written  notice  of  such  commitment  to  the  state  board  of 
children's  guardians,  which  notice  shall  contain  a  de- 
scription of  such  child,  or  children,  embracing  its  or 
their  name,  age,  sex,  religion,  faith  of  its  or  their  parent 
or  parents,  date  of  commitment  and  such  other  informa- 
tion as  such  officer  has  been  able  to  ascertain ;  upon  such  Wards  of 
commitment  being  made  by  such  officer  as  aforesaid,  guardians, 
such  child  or  children  shall  immediately  become  the 
ward  or  wards  of  the  state  board  of  children's  guard- 
ians, and  said  state  board  of  children's  guardians  shall 
thereupon,  for  all  intents  and  purposes,  become  and  be 
declared  the  legal  guardian  of  such  child,  and  entitled 
tc  its  custody,  and  which  right  of  guardianship  shall 
supersede  any  right  of  the  parents  of  said  child,  so  far 


MISCELLANEOUS  LAWS. 


Children 
placed  as 
soon  as 
possible. 
P.  L.  1895, 
Chap.  165- 


Return 
children  to 
parents. 
Ibid. 


Until  effective 
organization 
is  completed. 
Ibid. 


Remain  as 
guardians. 
Ibid. 


as  its  custody  is  concerned;  but  said  board  may  sur- 
render such  right  to  one  or  both  parents,  if  in  the  opinion 
of  said  board  the  best  interests  of  said  child  will  be 
promoted  thereby,  and  the  parent  or  parents  are  of 
good  moral  character  and  capable  of  maintaining  said 
child ;  and  said  keeper  of  the  almshouse  or  other  institu- 
tion shall,  within  forty-eight  hours  after  such  child  is 
placed  in  his  care,  notify  said  board  of  children's  guard- 
ians of  the  presence  of  said  child  in  said  almshouse  or 
institution. 

9.  It  shall  be  the  duty  of  the  state  board  of  children's 
guardians,  upon  receipt  of  the  notice  of  the  commitment 
of  any  child  as  hereinbefore  provided,  to  place  such  child 
or  children  in  the  manner  hereinbefore  provided  as  soon 
as  possible  thereafter;  and  in  no  case  shall  said  child  or 
children   who  may   hereafter   be   committed   as   public 
charges,  who  may  be  over  the  age  of  twelve  months,  be 
confined  in  such  almshouse  for  a  longer  period  than 
thirty  days,  and  the  keeper  of  such  almshouse  shall  sur- 
render such  child  or  children  to  the  care  and  custody  of 
the   state  board  of  children's  guardians   at   any   time 
v/ithin  thirty  days,  when  surrender  is  demanded. 

10.  The  state  board  of  children's  guardians  may,  in 
its  discretion,   return  any  child  or  children  becoming 
wards  of  said  state  board  to  the  parent  or  parents  or 
other  relative  agreeing  to  assume  the  care  and  mainte- 
nance of  such  child  or  children  or  of  sufficient  ability  to 
do  so. 

11.  The  state  board  of  children's  guardians  may,  in 
their  discretion,  for  the  purpose  of  effective  organiza- 
tion require  the  continuance  of  children  in  almshouses  or 
other  places  where  such  children  may  be  kept   for  a 
period  of  not  longer  than  six  months  after  the  passage 
of  this  act. 

12.  The  state  board  of  children's  guardians  shall  re- 
main the  guardian  of  all  children  indentured,  bound  out 
or  put  forth,  who  may  now  be  or  may  hereafter  become 
public  charges. 


MISCELLANEOUS  LAWS.  171 

13.  This  act  shall  be  construed  liberally  and  for  the 
benefit  of  any  child  or  children  so  becoming  ward  or   Ibld* 
wards  of  such  state  board  of  children's  guardians  as 
aforesaid. 


Rules  and  Regulations 


PRESCRIBED   BY    THE 


State  Board  of  Education 


(173) 


Rules  Relating  to  Certificates. 


1 .  No  person  shall  be  employed  as  a  teacher,  principal  or  super- 
visor,* unless  he  shall  hold  a  certificate,  which  certificate  shall 
be  in  full  force  and  effect  in  this  State  and  valid  for  the  position 
to  be  filled  at  the  time  he  shall  begin  teaching  under  a  contract 
entered  into  with  a  Board  of  Education.     Any  person  accepting 
a  position  as  teacher  in  any  school  shall,  before  entering  upon 
the  duties  of  such  position,  exhibit  his  certificate  to  the  County 
Superintendent  of  Schools  or  the  City  Superintendent  of  Schools 
of  the  county  or  the  city  in  which  such  school  shall  be  situate. 

2.  Any  applicant  for  a  certificate  shall  be  at  least  18  years  of 
age,  shall  file  testimonials  as  to  moral  character,  a  physician's 
certificate  of  health,  and,  in  case  of  previous  experience,  testi- 
monials as  to  his  success  in  teaching,  and  shall  also  present  a 
written  statement  giving  the  places  in  which  he  has  taught  and 
the  term  of  service  in  each. 

3.  No  certificate,  granted  upon  examination,  shall  be  issued  to 
any  person  whose  percentage  in  any  subject  covered  by  the  exam- 
ination shall  fall  below  70  per  cent,  except  as  hereinafter  speci- 
fied for  provisional  certificates. 

4.  An  applicant  to  have  his  certificate  renewed  or  made  per- 
manent must  file  testimonials  of  success  from  his  county  or  city 
superintendent,  and  from  the  president  or  district  clerk,  or  sec- 
retary of  the  board  of  education  under  which  he  has  been  em- 
ployed. 

5.  Certificates  in  force  July  i,   1911,  shall  be  renewed  upon 
application  by  the  State  Board  of  Examiners,  but  shall  be  valid 
only  as  originally  issued;  provided,  that  in  renewing  or  making 


*  NOTE. — The  term  "supervisor"  includes  county  and  city  superintendents,  supervising 
principals,  principals  of  graded  schools  who  devote  their  entire  time  to  supervision,  and 
supervisors  of  elementary  or  high  schools.  It  does  not  include  supervisors  of  special 
departments,  as  manual  training,  household  economics,  kindergartens,  etc. 


176  RULES  AND  REGULATIONS. 

permanent  such  certificates  the  State  Board  of  Examiners  shall 
be  governed  by  the  rules  heretofore  in  force. 

6.  There  shall  be  twx>  general  classes  of  certificates,  viz.,  State 
Certificates,  issued  by  the  State  Board  of  Examiners,  and  city 
certificates,  issued  to  graduates  of  city  training  schools.     Appli- 
cations for  certificates  should  be  filed  with  the  State  Board  of 
Examiners  at  least  one  month  prior  to  the  date  of  the  examina- 
tion. 

7.  A   State  Certificate  shall  be  valid  in  any  district  in  the 
State,  in  the  grades  covered  by  said  certificate. 

8.  A  City  Certificate  shall  be  valid  only  in  the  city  in  which 
it  is  issued. 

9.  The  State  Board  of  Examiners  shall  issue  certificates  of 
the  following  classes :    Elementary,  Secondary,  Normal  School, 
Supervisors,  Special  and.  Provisional. 

10.  The  State  Board  of  Examiners  may,  under  Rules  and 
Regulations  prescribed  by  the  State  Board  of  Education,  revoke 
for  cause  any  certificate  granted  by  any  Board  oif  Examiners. 

11.  Any  person  holding  a  Supervisor's   Certificate   shall  be 
deemed  and  taken  to  hold  a  First  Grade  State  Certificate  as  re- 
quired by  law. 

PROVISIONAL  CERTIFICATES. 

12.  Any  applicant  for  any  class  of  State  Certificate  may,  be- 
tween the  dates  of  the  regular  examinations,  be  granted  a  pro- 
visional certificate  valid  until  the  last  of  the  second  month  follow- 
ing1 the  date  of  the  next  regular  examination. 

113.  A  provisional  certificate  shall  not  be  renewed  except,  that 
in  the  case  of  a  person  who  holds  no  certificate  valid  in  this 
State,  and  who  is  therefore  required  to  take  an  examination  in 
all  the  subjects  specified  for  the  class  of  certificate  applied  for,  a 
provisional  certificate  may  be  granted  which  shall  be  valid  until 
the  fifteenth  day  of  the  mionth  succeeding  the  date  of  the  second 
regular  examination  held  after  the  granting  of  said  provisional 
certificate;  provided,  the  applicant  shall,  at  the  first  examination, 
pass  in  more  than  half  of  the  subjects  specified  for  the  class  of 
certificate  applied  for,  and  shall  secure  at  least  70  per  cent,  in 
each  subject  and  a  general  average  of  not  less  than  75  per  cent. 


RULES  AND  REGULATIONS.  177 

14.  Application  for  a  provisional  certificate  shall  be  made  to 
the   county   or   city   superintendent   having   supervision   of   the 
schools  in  which  the  applicant  expects  to  teach.     All  provisional 
certificates  shall  be  signed  by  the  chairman  and  secretary  of  the 
State  Board  of  Examiners,  but  shall  not  be  valid  licenses  to  teach 
unless  countersigned  by  the  superintendent  by  whom  they  are 
issued.     A  provisional  certificate  shall  not  be  issued  until  there 
shall  have  been  filed  with  said  superintendent  an  application  for 
a  regular  certificate  valid  for  the  grade  in  which  the  applicant 
expects  to  teach.     Whenever  a  provisional  certificate   shall  be 
issued  the  superintendent  shall  forthwith  forward  to  the  State 
Board  of  Examiners  a  statement  setting  forth  the  name  of  the 
person  to  whom  it  was  issued,  the  grades  for  which  it  is  valid 
and  the  date  on  which  it  was  issued.     He  shall  forward  with 
SU(tteS&tement  the  application  for  the  regular  certificate  and  any 
credentials  filed  with  him  by  the  person  to  whom  the  provisional 
certificate  was  issued.    Each  superintendent  shall  keep  an  accurate 
record  of  all  provisional  certificates  issued  by  him. 

DEFINITIONS  FOR   PURPOSES  OF  CERTIFICATION. 

15.  A  Kindergarten  School  is  a  school  for  children  "over  the 
age  of  four  and  under  the  age  of  seven  years."     (Article  XII, 
School  Law.) 

1 6.  An  Elementary  School  is  a  school  in  which  there  are  any 
or  all  of  the  first  eight  years  of  work  exclusive  of  the  kinder- 
garten. 

17.  A  Secondary  School  is  a  school  in  which  there  are  any  or 
all  of  the  four  years  of  work  following  the  elementary  school. 

1 8.  The  term  "year"  shall  mean  a  period  of  not  less  than  nine 
months  of  twenty  school  days  each. 

19.  The  term  "supervisor"  includes  county  and  city  superin- 
tendents, supervising  principals,  principals  of  graded  schools  who 
devote  their  entire  time  to  supervision  and  supervisors  of  ele- 
mentary or  high  schools.     It  does  not  include  supervisors  of 
special  departments  as  manual  training,  household  economics, 
kindergarten,  etc. 

12  s  i. 


1 78  RULES  AND  REGULATIONS. 

DATES  AND  PLACES  FOR  EXAMINATIONS. 

20.  There  shall  be  two  examinations  for  State  Certificates  each 
year.     Said  examinations  shall  be  held  on  the  last  three  Satur- 
days of  April  and  the  first  three  Saturdays  in  November,  at  places 
arranged  for  by  the  State  Board  of  Examiners  with  the  County 
and  City  Superintendents  of  the  respective  counties  and  cities. 
Other  examinations  may  be  held  by  the  State  Board  of  Exam- 
iners at  such  times  and  places  as  said  Board  may  determine. 

STATE  CERTIFICATES. 

21.  State  Certificates  may  be  obtained  either  by  endorsement 
or  examination.     /.  By  endorsement.     In  lieu  of  examinations 
the   State   Board   of   Examiners  may  accept    (i)    the   diploma 
of  a  state  normal  school  of  another  state;    (2)  a  permanent  state 
certificate  granted  in  another  state  on  examination,  provided,  that 
such  diploma  or  certificate  covers  work  equivalent  to  that  required 
in  this  State  for  the  grade  of  certificate  for  which  application  is 
made;   provided  further,  that  the  entrance  requirements  for  such 
normal  school  shall  have  been  the  equivalent  of  those  required 
for  admission  to  normal  schools  in  this  State. 

22.  Certificates  from  other  states  shall  be  endorsed  only  on 
terms  of  reciprocity,  except  that  normal  school  diplomas  issued 
in  states  not  having  a  State  system  of  certification,  and  which 
are,  therefore,  unable  to  grant  said  reciprocal  privileges,  may  be 
endorsed  as  hereinabove  provided. 

23.  By  examination.    The  diploma  of  an  approved  college,  any 
New  Jersey  County  or  State  Certificate  in  full  force  and  effect, 
or  which  shall  have  been  in  full  force  and  effect  in  this  State 
within  one  year  next  preceding  the  date  of  the  examination,  and 
any  credit  heretofore  given  by  any  Board  of  Examiners  shall  be 
accepted  in  lieu  of  an  examination  in  the  subjects  covered  by  such 
diploma  or  certificate  or  by  such  credits;   provided,  that  in  con- 
sidering the  recognition  to  be  given  to  such  certificate  and  credits, 
the  State  Board  of  Examiners  shall  be  governed  by  the  rules 
heretofore  in  force. 

24.  Records    from  approved   universities  or  colleges   or  ap- 
proved  summer   schools,   of   the   satisfactory   completion   of   a 


RULES  AND  REGULATIONS.  179 

course  of  study  in  any  professional  subject  required  for  any 
grade  of  certificate,  may  be  accepted  by  the  State  Board  of  Ex- 
aminers in  lieu  of  the  examination  in  such  subject,  provided  the 
record  of  the  same  be  submitted  under  seal  or  affidavit  of  the 
institution. 

25.  The  order  in  which  the  subjects  shall  be  taken  at  an  exam- 
ination shall  be  determined  by  the  State  Board  of  Examiners.* 

ELEMENTARY  CERTIFICATES. 

26.  Limited.  An  applicant  for  a  limited  elementary  certificate, 
upon  examination,  shall  be  examined  in  the  following  subjects: 

Orthography,  Business  Forms, 

Reading,  Geography, 

Grammar,  United  States  History,  with 

Composition,  Civics, 

Literature  for  the  grades,          General  History, 

Arithmetic,  Physiology  and  Hygiene, 

Penmanship,  Drawing. 

27.  After  September   i,   1912,  the  applicant  must  have  had 
one  year  of  a  course  in  an  "approved"  high  school,  after  1913, 
two  years;  after  1914,  three  years,  and  after  1915  must  be  a 
graduate  of  such  school. 

28.  This  certificate  shall  be  valid  for  one  year,  at  the  end  of 
which  it  may  be  renewed  without  examination  for  two  years. 

29.  Permanent.     A  limited  elementary  certificate  may  be  made 
permanent  after  three  years  of  successful  teaching  in  this  State, 
and  after  an  examination  in  the  following  required  subjects : 

Psychology,  Physics, 

Physical  Training,  Elementary  Algebra, 

Manual  Training,  or  House-  Theory  and  Practice  of 

hold  Economics,  Teaching. 
History  of  Education, 

And  any  three  of  the  following  electives : 


*  For  schedule  see  last  page,   185. 


i8o  RULES  AND  REGULATIONS. 

Botany,  Agriculture, 

Chemistry,  Plane  Geometry, 

Vocal  Music,  Astronomy. 
Zoology, 

30.  An  elementary  certificate  shall  entitle  the  holder  to  teach 
in  an  elementary  school. 

SECONDARY  CERTIFICATES. 

31.  Limited.     An  applicant   for  a  limited   secondary  school 
certificate  shall  hold  a  diploma  from  an  approved  college,  or  a 
diploma  from  an  approved  four  year  high  school  teachers'  course 
of  a  State  normal  school,  or  shall  be  the  holder  of  a  New  Jersey 
Permanent  Elementary  State  Certificate ;  and,  in  addition  thereto- 
shall  be  examined  in  such  of  the  following  subjects  as  are  not 
covered  by  such  diploma  or  certificate: 

Psychology  with  special  refer-         Physiology  and  Hygiene, 
ence  to  teaching,  'Principles  of  Secondary 

History  of  Education,  Education. 

And  the  subject  or  subjects  to  be  taught. 

32.  This  certificate  shall  be  valid  for  one  year,  at  the  end  of 
which  it  may  be  renewed  without  examination  for  two  years. 

33.  A  secondary  certificate  shall  entitle  the  holder  to  teach  in 
a  secondary  or  in  an  elementary  school. 

34.  Permanent.     A  limited  secondary  school  certificate  may 
be  made  permanent  after  three  years  of  successful  teaching. 

SUPERVISORS'  CERTIFICATES. 

35.  Limited.     An  applicant  for  a  limited  supervisors'  certifi- 
cate shall  be  at  least  twenty-five  years  of  age,  shall  hold  a  New 
Jersey  elementary   or   secondary   certificate,    or   the   equivalent 
thereof,  shall  have  had  at  least  five  years  experience  in  teaching, 
shall  have  been  principal  or  supervisor  of  a  school  or  schools 
employing  at  least  five  assistant  teachers  for  at  least  one  year, 
and  shall  present  testimonials  of  his  executive  ability  from  the 
county  or  the  city  superintendent  and  the  president,  district  clerk 


RULES  AND  REGULATIONS.  181 

or  secretary  of  the  board  of  education  under  which  he  has  been 
•employed  and  shall  pass  an  examination  in  School  Organization. 

36.  Permanent.    A  limited  supervisor's  certificate  may  be  made 
permanent  after  three  years  of  successful  experience  as  a  super- 
visor. 

37.  A  Supervisor's  certificate  shall  be  valid  for  any  super- 
visor's position,  and  in  addition  thereto,  to  teach  in  any  branch 
of  study  covered  by  such  certificate. 

SPECIAL,  CERTIFICATES. 

38.  Limited.     A  limited  special  certificate  may  be  issued  to 
teach  in  an  evening  school  and  to  teach : 

Kindergarten,  Cooking, 

Modern  Languages,  Sewing. 

Physical   Training,  Agriculture, 

Music,  Bookkeeping, 

Drawing,  Stenography    and    Typewriting, 

Manual  Training,  Penmanship, 

and  such  other  industrial  or  vocational  branches  as  may  be  de- 
termined by  the  State  Board  of  Examiners. 

39.  An  applicant  for  a  special  certificate  shall  be  examined  in 
the  subject  or  subjects  to  be  taught,  and  for  Kindergarten,  Mod- 
ern Languages,  Bookkeeping,  and  Evening  Schools,  shall  be  a 
graduate  of  a   four-year  approved  high  school  course,   or  the 
equivalent. 

40.  This  certificate  is  valid  for  one  year,  at  the  end  of  which 
it  may  be  renewed  without  examination  for  two  years. 

41.  Permanent.     A  limited  special  certificate  may  be  made 
permanent  after  three  years  of  successful  teaching. 

42.  A  special  certificate  shall  entitle  the  holder  to  teach  or 
supervise  any  grade  in  the  subject  or  subjects  covered  by  such 
•certificate. 

43.  Kindergarten   shall   include   Kindergarten   Drawing-   and 
Kindergarten  Music. 

44.  Drawing  shall  include  Plane  Geometry. 


1 82  RULES  AND  REGULATIONS. 

45.  Bookkeeping'  shall  include  Commercial  Arithmetic,  Com- 
mercial Law  and  Business  Practice. 

46.  Manual  Training  shall  include  Mechanical  Drawing. 

47.  Cooking  shall  include  Household  Chemistry,  Physiology 
and  Hygiene. 

48.  Sewing  shall  include  dressmaking. 

49.  Penmanship  shall  include  Theory  and  Practice  of  Pen- 
manship, Orthography  and  English  Grammar. 

50.  Music  shall  include  History  of  Music,  Methods  in  Music 
and  Musical  material  used  in  schools.    An  applicant  for  a  Music 
Certificate  must  also  file  testimonials  from  two  qualified  teachers 
of  Music. 

51.  Stenography  and  Typewriting  shall  include  English  Gram- 
mar, Composition  and  Orthography. 

52.  Modern  Languages  shall  include  Psychology,  History  of 
Education,  Theory  and  Practice. 

NORMAL  SCHOOL  CERTIFICATES. 

53.  A  certificate  for  either  the  two-year  or  the  three-year  nor- 
mal course  shall  rank  as  an  elementary  certificate. 

54.  A  certificate  for  efficient  special  work  in  any  subject  to 
the  extent  of  two  elective  units  shall  rank  as  a  special  certificate 
in  that  subject. 

55.  A  certificate  for  the  high  school  teachers'  course  of  four 
years  shall  rank  as  a  secondary  certificate  for  the  subjects  cov- 
evered  by  it. 

56.  A  Kindergarten-Primary  certificate  shall  be  valid  for  a 
Kindergarten  and  the  first  three  primary  years. 

57.  A  Normal  certificate  may  be  made  permanent  after  two 
years  of  successful  teaching  under  such  certificate. 

PLAN  OF  EXAMINATIONS. 

158.  Readers.  The  State  Board  of  Examiners  shall  appoint 
readers  who  shall  hold  secondary  certificates  or  their  equivalent. 
The  number  of  Readers,  their  term  of  service  and  their  compen- 
sation shall  be  fixed  bv  the  State  Board  of  Education. 


RULES  AND  REGULATIONS.  183 

59.  Preparation  of  Questions.    The  work  of  preparing  ques- 
tions for  the  examinations  shall  be  done  under  the  supervision 
of  the  State  Board  of  Examiners. 

60.  Conduct  of  the  Examinations.     The  examination  shall  be 
held  simultaneously,  under  the  personal  supervision  of  the  County 
and   City   Superintendents   of   Schools.     /Questions   shall  be   in 
sealed  envelopes,  which  shall  be  broken  at  the  times  indicated 
thereon,  and  in  the  presence  of  the  applicants. 

61.  Each  applicant  shall  write  his  name  and  address  upon  a 
card  and  shall  seal  the  same  in  a  numbered  envelope.     The  en- 
velope shall  be  collected  by  the  person  in  charge  of  the  examina- 
tion  and   forwarded  by  him  to   the  Commissioner   of   Educa- 
tion.    The  applicant  shall  mark  each  sheet  of  his  examination 
paper  with  his  assigned  number,  but  shall  oiot  write  his  name  or 
any  distinguishing  mark  upon  his  paper  nor  upon  the  outside  of 
the  envelope  which  contains  his  name  and  address.     This  en- 
velope shall  not  be  opened  until  all  the  papers  have  been  duly- 
examined,  and  under  conditions  hereinafter  stated. 

62.  When  all  the  applicants  shall  have  completed  the  exami- 
nation in  a  given  subject,  the  County  Superintendent  shall  seal 
the  papers  in  double  envelopes,  writing  upon  the  inner  envelope 
the  subject  and  place  of  examination.     This  package  shall  be 
immediately  sent  to  the  Commissioner  of  Education. 

63.  Rleaders.     The  Readers  shall  mark  the  papers,  upon  the 
basis  of  100  credits,  and  shall  make  a  record  of  the  papers,  dis- 
tinguishing them  by  their  numbers.     This  record  for  each  of 
the  numbers,  signed  by  the  reader,  shall  be  sealed  in  an  envelope 
and  sent  to  the  Commissioner  of  Education.     No  reader  shall 
affix  any  mark  upon  the  papers  which  might  tend  to  influence 
the  examiners. 

64.  The  Commissioner  of  Education  shall  retain  the  reports 
of  the  readers,  sealed  until  all  readers  have  made  their  reports. 

65.  The  sealed  reports  of  the  readers  shall  be  opened  by  the 
State  Board  of  Examiners  and  the  result  of  the  examination 
for  each  subject  recorded. 

66.  Identifying  Applicants.    The  numbered  envelopes  contain- 
ing the  names  of  the  applicants  shall  not  be  opened  except  at  a 


1 84  RULES  AND  REGULATIONS. 

meeting  of  the  State  Board  of  Examiners,  and  not  until  the 
markings,  according  to  the  distinguishing  numbers,  are  fully 
completed  by  the  readers.  The  names  shall  then  be  substituted 
for  the  numbers. 

67.  Records.     The  State  Board  of  Examiners  shall  keep  a 
record  of  all  the  certificates  it  shall  grant  and  shall  report  the 
same  to  the  State  Board  of  Education. 

68.  County  and  City  Superintendents  shall  report  all  certifi- 
cates   held    by    the    teachers    under    their    supervision    to    the 
Commissioner  of  Education,  who  shall  keep  a  record  of  the 
same. 

69.  County  and  City  Superintendents  shall  file  all  contracts, 
rules  and  regulations  of  Boards  of  Education  concerning  the 
employment  of  teachers,  and  keep  an  accurate  record  thereof. 

70.  District  Clerk.    The  District  Clerk  of  each  school  district 
shall,  within  ten  days  after  a  contract  with  a  teacher  shall  have 
been  made,  forward  to  the  County  Superintendent  of  Schools 
a  copy  of  such  contract,  if  the  same  shall  be  in  writing,  but  if 
such  contract  shall  have  been  made  under  rules  adopted  by  the 
Board   of   Education   said   District   Clerk   shall   report   to   the 
County  Superintendent  of  Schools  the  name  of  such  teacher,  the 
term  and  position  for  which  he  shall  be  employed,  the  amount 
of  salary  and  the  class  and  date  of  his  certificate. 

71.  Each  Board  of  Education  which  shall  adopt  rules  govern- 
ing the  employment  of  teachers  in  accordance  with  the  provi- 
sions of  section  106  of  the  School  Law,  shall  file  a  copy  of  such 
rules,  and  any  amendment  thereof,  or  supplement  thereto,  with 
the  County  Superintendent  of  Schools. 


RULES  AND  REGULATIONS. 


ORDER  OF  EXAMINATIONS,  MAY  AND  DECEMBER. 


185 


First  Saturday. 
9:  is  A.  M. 

Second  Saturday. 
g:  15  A.  M. 

Third  Saturday. 
9:  is  A.  M. 

LIMITED  ELEMENTARY. 

Arithmetic 

Penmanship 

General  History 
Business  Forms 

Composition 
Literature  for  the  Grades 

PERMANENT  ELEMENTARY. 

Psychology 
"Astronomy 

Manual    Training 
*  Botany 
*Zoology 

History  of  Education 
*  Chemistry 

SECONDARY  AND  SUPERVISOR. 

Principles  of  Secondary 
Education 
School  Organization 

SPECIAL. 

Kindergarten 
Kindergarten  Drawing 
Kindergarten   Training 
Kindergarten   Music 
Stenography,     Typewriting,     in- 
cluding     English       Grammar, 
Composition  and  Orthography. 

Manual  Training,   including 
Mechanical  Drawing 
Music 
History  of  Music 
Methods   of    Music 
Music   Material 
Commercial  Arithmetic 
Commercial  Law 

Latin 
French 

x:  15  P.  M. 

1:1-5  P.  M. 

i:  15  P.  M. 

LIMITED  ELEMENTARY. 

Orthography 
Reading 
Enelish   Grammar 

U.  S.  History  with  Civics 
Geography 

Drawing, 
Physiology  and  Hygiene 

PERMANENT  ELEMENTARY. 

Physical    Training, 
*Agriculture 
Household    Economics 

Theory  and  Practice 
Elementary  Algebra 
*Vocal  Music 

Physics 
*  Plane  Geometry 

SPECIAL. 

Cooking,   including  Household 

Chemistry 
Sewing,  including  Dressmaking 

Bookkeeping 
Business  Practice 
fPenmanship 

Drawing,   including  Plane 
Geometry 
German 
Spanish 
Greek 

*   Electives;    three  are  required. 

t  Special  Penmanship  includes  Orthography,  English  Grammar  and  Theory  and  Practice  of  Pen- 
manship. 


COUNTY  SUPERINTENDENTS. 


i.  Each  County  Superintendent  shall  visit  the  schools  in  his 
county  as  often  as  may  be  necessary ;  provided,  that  he  shall  visit 
every  school  under  his  jurisdiction  at  least  once  in  each  year4,; 
provided  -further,  that  the  total  number  of  visits  made  during  the 
year  shall  equal  at  least  twice  the  number  of  schools  under  his 


1 86  RULES  AND  REGULATIONS. 

jurisdiction,  the  additional  visits  to  be  made  to  such  schools  as, 
in  his  judgment,  most  need  his  encouragement  and  advice.  At 
such  visits  he  shall  inquire  into  the  management,  methods  of 
instruction  and  discipline  in  such  schools;  note  the  condition  of 
the  school-houses,  sites,  buildings  and  appurtenances,  examine  the 
course  of  study,  text-books  and  school  libraries,  and  recommend 
to  and  counsel  teachers  as  to  proper  studies,  methods,  discipline 
and  management  for  the  schools. 

2.  The  County  Superintendent  shall  distribute  promptly  all 
documents,  forms,  laws,  circulars  and  instructions  which  he  may 
receive  from  the  Commissioner  of  Education  or  the  State  Board 
of  Education. 

3.  The  County  Superintendent  shall  see  that  the  decisions  of 
the  Commissioner  of  Education  and  the  State  Board  of  Educa- 
tion, upon  controversies  arising  under  the  School  laws  of  the 
State  or  under  the  rules  and  regulations  prescribed  by  the  State 
Board  of  Education  are  obeyed;  and  in  case  such  decisions  are 
not  obeyed  he  shall  so  inform  the  Commissioner  of  Education 
and  state  the  circumstances. 

4.  The   County   Superintendent   shall   preserve   carefully   all 
reports  of  school  officers  and  teachers,  and  at  the  close  of  his 
official  term  shall   deliver  to  his   successor  all  records,   books, 
documents,  papers  and  property  belonging  to  the  office. 

5.  The  County  Superintendent  shall  not  be  agent  for  or  be 
in  any  way  pecuniarily  or  beneficially  interested  in  the  sale  to  the 
board  of  education  of  any  school  district  under  his  supervision  of 
any  text-books,  maps,  charts,  school  apparatus  or  supplies  of  any 
kind,  or  receive  compensation  or  reward  of  any  kind  for  any  such 
sale  or  for  unlawfully  promoting  or  favoring  the  same.     Any 
County  Superintendent  who  shall  violate  this  provision  shall  be 
subject  to  removal  from  office. 

6.  The  County  Superintendent  shall  meet  each  board  of  edu- 
cation in  his  county  at  least  twice  each  year,  at  such  times  and 
places  as  he  may  appoint. 

7.  The  County  Superintendent  shall,  in  the  manner  now  pro- 
vided by  law,  and  subject  to  the  approval  of  the  Commissioner  of 
Education,  prepare  and  establish  a  uniform  course  of  study  and  a 
standard  of  graduation  in  the  schools  under  his  supervision. 


RULES  AND  REGULATIONS.  187 

8.  The  County  Superintendent  shall,  by  such  means  as  he 
shall   deem  most  practicable,   establish   a  County    Pedagogical 
Library,  and  shall,  subject  to  the  approval  of  the  Commissioner 
of  Education,  designate  courses  of  pedagogical  reading. 

9.  The  Commissioner  of  Education  shall  furnish  blank  diplo- 
mas to  be  awarded  by  County  Superintendents  to  all  pupils  who 
shall  successfully  complete  the  prescribed  course  of  study;  also  di- 
plomas suitable  to  be  granted  to  such  teachers  as  shall  prove  that 
they  have   intelligently  completed   the  courses   of   professional 
reading  prescribed  for  their  respective  grades. 

10.  The  Advisory  Committee  shall,   subject  to  the  approval 
of  the  State  Board  o>f  Education,  prepare  rules  for  the  examina- 
tion of  applicants  for  the  position  of  County  Superintendent; 
shall  conduct  such  examinations  and  shall  report  its  findings  to 
said  board  at. its  regular  meeting  in  June. 

11.  Each  County  Superintendent  in  his  annual  report  to  the 
Commissioner    of    Education    shall    specifically    report    as    to 
whether  the  provisions  of  Section  230  of  the  School  Law  relat- 
ing to  the  display  of  the  United  States  Flag  during  school  hours, 
and  whether  section  265  relating  to  Flag  Day  on  the  fourteenth 
day  of  June,  in  each  year,  have  been  complied  with  in  the  various 
school  districts  therein,  and  shall  annually,  and  at  such  other 
times  as  he  may  deem  advisable,  direct  the  attention  of  the  boards 
of  education  therein  to  the  necessity  of  complying  with  the  pro- 
visions of  said  sections.     He  is  also  directed  to  recommend  that 
in  each  school  the  daily  exercise  shall  include  a  salute  to  the 
United  States  flag,  and  shall  include  in  his  report  a  statement  of 
the  observance  of  this  custom. 


TEACHERS'  INSTITUTES. 

i.  The  Commissioner  of  Education  shall  secure  instructors, 
prepare  programs  and  provide  a  county  institute  for  each  county 
of  the  State,  but  shall  hold  joint  institutes  wherever  practicable. 
General  sessions  of  such  institutes  may,  if  deemed  advisable,  be 
held  during  each  forenoon,  but  the  afternoon  session  shall  be 
divided  into  either  two  or  three  departments,  in  which  the  instruc- 


1 88  RULES  AND  REGULATIONS. 

tion  given  shall  be  adapted  to  the  several  grades  of  teachers  in 
attendance. 

2.  No  public  school  in  the  State  shall  be  in  session,  or  shall 
be  deemed  to  be  in  session,  during  the  period  the  institute  for  the 
county  in  which  it  is  situate  shall  be  held. 

3.  All  teachers  shall  attend  the  annual  institute  held  for  the 
county  in  which  they  are  teaching ;  and  no  deduction  shall  be  made 
from  the  salary  of  any  teacher  for  the  time  he  shall  be  in  attend- 
ance upon  said  institute. 

4.  The  Commissioner  of  Education  shall  pay  all  expenses  in- 
curred in  connection  with  each  county  institute,  but  only  upon  the 
presentation  of  itemized  and  certified  bills,  and  shall  render  to  the 
State  Board  of  Education  both  an  itemized  and  a  summarized 
account  of  the  amount  expended,  accompanied  with  appropriate 
vouchers. 

5.  The  County  Superintendent  shall  make  all  necessary  local 
arrangements  for  the  county  institute,  shall  preside  at  the  same, 
shall  render  an  exact  statement  to  employing  boards  as  to  the  time 
each  teacher  in  the  county  has  been  in  attendance  at  said  institute, 
and  no  teacher  shall  be  paid  for  time  not  in  actual  attendance  at 
the  said  institute,  except  upon  the  presentation  of  a  written  excuse 
from  the  County  Superintendent. 


TEACHERS. 

i.  The  order  or  warrant  for  the  balance  of  salary  due  any 
teacher  at  the  time  of  closing  the  school  for  the  summer  vacation 
shall  not  be  delivered  to  such  teacher  until  the  district  clerk  or 
other  officer  authorized  to  deliver  such  order  or  warrant  shall 
have  received  written  notice  from  the  Commissioner  of  Edu- 
cation that  such  teacher  has  filed  his  or  her  register  and 
report  of  attendance  with  him;  provided,  that  in  any  school 
in  which  more  than  one  teacher  shall  be  employed,  the  principal 
thereof  shall  file  the  registers  and  reports ;  and  provided  further, 
that  in  any  district  having  a  superintendent  or  a  supervising  prin- 
cipal the  filing  of  the  registers  and  reports  with  such  super intend- 
-ent  or  supervising  principal  shall  be  deemed  to  be  a  compliance 


RULES  AND  REGULATIONS.  189 

with  the  provisions  of  this  rule,  and  said  superintendent  or  super- 
vising principal  shall  forward  the  registers  and  reports  to  the 
Commissioner  of  Education. 


SCHOOL   ATTENDANCE. 

1.  For  the  purpose  of  apportionment  a  day  shall  consist  of  not 
less  than  four  hours  of  actual  school  work,  except  in  kinder- 
gartens one  continuous  session  of  two  and  one-half  hours  may  be 
considered  a  day.     Night  school  sessions  shall  be  reckoned  as 
half  days. 

2.  The  mere  presence  of  a  pupil  at  roll  call  will  not  be  con- 
sidered as  sufficient  attendance  to  be  a  compliance  with  the  intent 
of  the  law.     A  pupil  must  be  present  at  least  one  hour  during 
any   forenoon,    afternoon   or   evening   session    in   order   to   be 
recorded  present. 

3.  No  attendance  is  to  be  marked  in  the  register  for  the  days 
during  which  the  school  shall  be  closed,  but  a  report  shall  be  made 
to  the  Commissioner  of  Education  at  the  end  of  the  year  stating 
in  detail  the  days  on  which  the  schools  were  closed  and  the  reasons 
therefor.     The  attendance  for  days  when  the  school  shall  have 
been  closed  for  good  cause  will  be  computed  by  said  Commis- 
sioner of  Education,  and  all  that  the  teacher  is  required  to  do  is 
to  note  in  the  register  on  each  day  the  school  shall  be  closed,  the 
reasons  why  a  session  of  the  school  was  not  held. 

4.  Whenever  a  dwelling  shall  be  quarantined  by  order  of  the 
board  of  health,  notice  shall  be  sent  to  the  Commissioner  of 
Education   of   the  date   when  the   quarantine   went  into   effect 
and  the  date  when  it  was  raised,  with  a  certificate  from  the 
board  of  health  stating  the  reasons  for  the  quarantine.     Chil- 
dren residing  in  the  building  quarantined,  who  shall  be  actually 
on  roll  in  the  school  at  the  time  the  building  shall  be  quarantined, 
excepting  children  who  are  ill,  shall  be  counted  as  present  during 
the  time  the  building  shall  be  quarantined.     The  allowance  for 
attendance  lost  by  pupils  quarantined  will  be  added  to  the  total 
attendance  of  the  district  by  the  Commissioner  of  Education  at 
the  end  of  the  school  year.     The  Commissioner  of  Education 
shall  prepare  and  distribute  blank  forms  for  carrying  this  rule 


RULES  AND  REGULATIONS. 

into  effect,  and  the  notice  provided  for  in  this  rule  shall  be  for- 
warded on  said  forms  as  soon  as  possible  after  said  quarantine 
shall  be  raised. 

5.  When  schools  do  not  have  regular  half -day  classes,  the  rainy 
day  session  may  be  the  length  of  the  usual  morning  session. 


SCHOOL  LIBRARIES 

1.  In  each  city  school  district  all  selections  of  books  of  refer- 
ence,  books  for  school  libraries,  school  apparatus  and  educational 
works  of  art,  purchased  in  part  by  State  funds,  shall  be  approved 
by  a  committee  of  five  persons,  consisting  of  the  city  superin- 
tendent of  schools,   if  there  be  one,   two  principals  of  public 
schools  in  such  city  to  be  appointed  by  said  city  superintendent, 
and  two  residents  of  the  city  to  be  appointed  by  the  Board  of 
Education.     If  in  any  such  city  there  shall  be  a  public  library, 
with  a  regularly  appointed  and  qualified  librarian  who  shall  be 
able  to  serve,  said  librarian  shall  be  a  member  of  such  committee, 
in  which  case  the  Board  of  Education  shall  appoint  one  resident 
of  the  city  on  such  committee  instead  of  two  as  is  hereinbefore 
provided.     In  any  city  school  district  not  having  a  city  superin- 
tendent of  schools,  the  county  superintendent  of  schools  o>f  the 
county  in  which  such  city  shall  be  situate,  shall  be  a  member  of 
said  committee,  and  shall  appoint  said  principals. 

2.  In  each  township,  incorporated  town  and  borough  school 
district,  all  selections  of  books  of  reference,  books   for  school 
libraries,  school  apparatus  and  educational  works  of  art,  pur- 
chased in  part  by  State  funds,  shall  be  approved  by  a  committee 
consisting  of  the  county  superintendent  of  schools  for  the  county 
in  which  such  district  shall  be  situate,  the  President  of  the  Board 
of  Education,  the  principal  of  the  school  for  which  the  purchases 
shall  be  made,  and  the  supervising  principal  of  the  district,  if 
there  be  one.    If  in  any  such  school  district  there  shall  be  a  public 
library,  with  a  regularly  appointed  and  qualified  librarian,  who 
shall  be  able  to  serve,  said  librarian  shall  also  be  a  member  of 
such  committee. 


RULES  AND  REGULATIONS.  191 

APPROVAL  OF   HIGH   SCHOOLS. 

1 .  Those  schools  shall  be  classed  as  high  schools  which  require 
for  admission  the  successful  completion  of  eight  years  of  graded 
pre-academic  work,  or  its  equivalent,  said  pre-academic  work  to 
be  approved  by  the  State  Board  of  Education. 

2.  High  schools  that  fully  meet  the  standards  set  by  the  State 
Board  of  Education  shall  be  classed  as  "Approved  High  Schools." 

3.  In  order  to  be  approved,  a  high  school  must  meet  the  fol- 
lowing1 conditions : 

(a)  All  the  regular  courses  of  study  must  cover   four  full 
years  of  school  work,  and  must  be  approved  by  the  State  Board 
of  Education. 

(b)  The  teaching  and  equipment  must  be  approved  by  the 
State  Board  of  Education,  but  such  approval  will  not  be  granted 
unless  three  years  of  high  school  work  are  in  actual  operation. 

(c)  The  teaching  force  must  be  adequate  in  number,  and  shall, 
in  every  case,  consist  o*f  at  least  three  teachers,  each  of  whom 
shall  be  engaged  exclusively  in  high  school  work. 

(d)  Diplomas  shall  be  granted  only  to  pupils  who  shall  have 
completed  a  full  four-year  course,  aggregating  at  least  seventy - 
two  (72)   academic  counts.     The  counts  shall  be  reckoned  in 
accordance  with  the  number  of  recitations  per  week  of  a  school 
year  of  at  least  thirty-eight  weeks,  and  the  recitation  periods 
shall  average  at  least  forty  minutes. 

4.  A  three-year  high  school  will  be  registered  as  a  "Partial 
High  School"  in  case  it  meets  the  following  conditions : 

(a)  All  the  regular  courses  of  study  moist  cover  three  full 
years  of  school  work,  and  must  be  approved  by  the  State  Board 
of  Education. 

(b)  The  teaching  and  equipment  must  be  approved  by  the 
State  Board  of  Education,  but  said  approval  will  not  be  granted 
unless  at  least  two  years  of  high   school  work  are  in  actual 
operation. 

(c)  The  teaching  force  must  be  adequate  in  number,  and  shall 
consist  in  every  case  of  at  least  two  teachers,  each  of  whom  shall 
be  engaged  exclusively  in  high  school  work. 


192  RULES  AND  REGULATIONS. 

(d)  Certificates  of  graduation  shall  be  granted  only  to  pupils 
who  have  completed  a  full  three-year  course,  aggregating  at 
least  fifty- four  academic  counts.  The  counts  shall  be  reckoned 
in  accordance  with  the  number  of  recitations  per  week  of  a  school 
year  of  not  less  than  thirty-eight  weeks,  and  the  recitation  periods 
shall  average  not  less  than  forty  minutes. 

5.  Properly  certified  graduates  of  an  approved  high  school 
shall  be  entitled  to  admission,  without  examination,  to  the  two- 
year  professional  courses  of  the  State  Normal  Schools. 

6.  Properly  certified  graduates  of  a  three-year  partial  high 
school  shall  be  entitled  to  admission,  without  examination,  to  the 
three-year  courses  of  the  State  Normal  Schools. 

7.  Certificates  for  work  done  may  be  granted  by  a  local  Board 
of  Education  to  pupils  who  have  not  completed  a  full  four-year 
high  school  course,  but  such  certificates  shall  not  be  granted  as 
diplomas;    and  must,  in  each  case,  state  the  number  of  years' 
work  successfully  completed.     Holders  of  such  certificates  shall 
not  be  ranked  as  graduates  from  any  course. 


APPORTIONMENT  TO  HIGH  SCHOOLS. 

1.  The  sum  of  $400  shall  be  apportioned  to  each  district  for 
each  teacher  who  shall  have  been  permanently  and  exclusively 
employed  in  a  high  school  in  which  only  an  approved  four  years' 
course  or  approved  four  years'  courses  of  study  are  maintained. 

2.  The  sum  of  $300  shall  in  like  manner  be  apportioned  for 
each  teacher  who  shall  have  been  permanently  and  exclusively 
employed  in  a  high  school  maintaining  only  an  approved  course 
or  approved  courses  of  study  of  not  less  than  three  years. 

3.  High  schools  maintaining  courses  of  study  which  differ  in 
scope  and  in  the  term  or  time  required  for  their  completion  shall 
be  classified  for  apportionment  in  accordance  with  their  shortest 
course. 

REGISTRATION  OF  PRIVATE  SCHOOLS. 

i.  A  private  secondary  school  may,  upon  the  request  of  its 
governing  authority,  be  registered  in  the  Department  of  Public 


RULES  AND  REGULATIONS.  193 

Instruction  if,  after  inspection  by  a  representative  of  said  depart- 
ment, it  shall  be  found  to  comply  with  the  following  conditions: 

(a)  It  must  be  under  the  management  of  a  corporate  body, 
board  of  trustees  or  other  responsible  control. 

(b)  In  all  other  respects  the  same  standards  shall  apply  as  are 
prescribed  by  the  State  Board  of  Education  for  the  public  high 
schools. 

2.  Graduates  of  private  registered  secondary  schools  shall  be 
entitled  to  admission  to  the  State  Normal  Schools  on  the  same 
terms  as  apply  to  graduates  of  the  public  high  schools. 

MEDICAI,  INSPECTION. 

1 .  Every  board  of  education  shall  appoint  one  or  more  medical 
inspectors  of  schools  in   its   district.     Every  medical   inspector 
shall  be  a  regular  practitioner  of  medicine,   duly  qualified  to 
practice  in  that  district  and  physically  able  to  serve.     It  shall  fix 
his  duties  in  accordance  with  the  rules  of  the  State  Board  of  Edu- 
cation and  regulate  his  pay.     The  medical  inspector  shall  be  ap- 
pointed for  one  year. 

2.  Two  or  more  adjoining  school  districts  may  unite  in  the 
employment  of  a  medical  inspector  for  economy's  sake  or  other 
reasons.     Under  such  circumstances  each  district  shall  pay  its 
part  of  the  salary  in  proportion  to  the  number  of  pupils  in  each 
district. 

3.  The  Commissioner  of  Education  shall  provide  the  neces- 
sary blanks  needed   for  carrying  on  the  work  of  medical   in- 
spection and  for  gathering,  preserving  and  forwarding  to  the 
State    Board   the    statistics    collected.      These   records    are   the 
property  of  the  local  boards  and  must  be  preserved  by  them. 
Such  parts  of  these  records  as  may  be  designated  from'  time  to 
time  shall  be  filed  with  the  Secretary  of  this  Board. 

4.  Pupils  sent  home  from  school  by  a  medical  inspector,  with 
a  diagnosis  of  infectious  or  contagious  disease,  either  actual  or 
suspected,  shall  not  be  readmitted  to  their  respective  class-rooms 
until  they  shall  present  a  written  excuse  signed  by  their  family 
physician  or  some  other  regularly  qualified  physician,  who  has 

13  s  L 


194  RULES  AND  REGULATIONS. 

examined  or  treated  them.  This  rule  covers  cases  of  disease  of 
the  skin  or  scalp,  and  of  purulent  discharges  from  the  eyes,  nose 
or  ears,  as  well  as  the  commonly  .recognized  diseases  of  an  in- 
fectious or  contagious  nature. 

5.  Boards  of  education  shall  carefully  conform  to  all  rules 
of  the  local  Boards  of  Health  regarding  sanitary  conditions  in 
and  about  school  property  and  in  the  matter  of  quarantine. 

6.  A  medical  inspector  shall  use  the  same  care  and  skill  in 
examining  pupils  under  his  charge  as  he  would  in  the  case  of 
private  patients. 

7.  The  time  for  the  stated  medical  inspection  of  the  schools 
shall  be  arranged  in  each  district  to  suit  the  convenience  of  the 
school  authorities  and  the  inspectors.     It  is  advisable  that  the 
regular  visit  for  the  detection  of  possible  communicable  diseases 
should  be  made  as  soon  after  the  opening  of  the  morning  session 
of  school  as  possible,  in  order  that  children  suffering  from  such 
diseases  may  not  be  kept  in  the  class-rooms  and  become  a  fur- 
ther source  of  danger  to  others.     Emergency  calls  must  be  re- 
sponded to  as  quickly  as  possible. 

S.  Frequency  of  regular  inspections 

In  general,  local  boards  shall  determine  this  point,  provided, 
they  do  not  fall  below  the  following  minimum  requirements : 

a.  Rural  districts,  scattered  school-houses. 
Each  school  at  least  once  a  month. 

b.  Villages  and  small  towns. 

Each  school  at  least  twice  a  month. 

c.  Towns  and  cities. 

At  the  discretion  of  the  local  boards  and  medical  exam- 
iners, but  not  less  than  once  a  week. 

9.  At  the  commencement  of  each  school  year  the  medical  in- 
spector shall  arrange  to  make  a  systematic  examination  of  each 
school  child  in  his  district.  This  shall  comprise  a  thorough 
examination  of 

a.  Eyes,    for    farsightedness    and    nearsightedness ;    color 
blindness;  squint  and  roughly  for  astigmatism  if  sus- 
pected; also  the  condition  of  the  eyelids. 

b.  Ears.     Acuteness  of  hearing.     Presence  or  absence  of 
discharges. 


RULES  AND  REGULATIONS.  195 

c.  Throat.     Condition    of    tonsils.        Probable    adenoids. 
Nasal  deformities  or  discharges. 

d.  Teeth.     Condition  and  care. 

e.  Deformities.     Spine,  limbs,  etc. 

f.  Skin.     Presence  or  absence  of  eruptions.     Condition  of 
scalp. 

g.  Where  practicable,  measurements.     Height,  weight  and 
chest  measures.     Examination  of  heart  and  lungs. 

These  examinations  shall  be  made  by  the  medical  inspector 
himself  and  not  left  to  nurses  or  teachers. 

10.  It  shall  be  the  duty  of  the  medical  inspector  to  immediately 
exclude  from  the  class-room  any  pupil  whom  he  may  suspect  of 
having  any  form  of  contagious  or  infecti6us  or  communicable 
disease.  This  pupil  shall  be  sent  home  at  once  with  a  written 
statement  signed  by  the  medical  inspector,  stating  the  nature  of 
the  disease  suspected,  and  requesting  that  the  pupil  may  be  seen 
at  once  by  its  family  physician.  The  medical  inspector  shall  not 
attend  such  cases  professionally  unless  he  is  the  regular  medical 
attendant  of  the  family. 

n.  The  medical  inspector  shall  be  especially  careful  to  comply 
with  all  rules  and  regulations  of  the  local  and  State  Boards  of 
Health,  and  promptly  notify  the  proper  authorities  of  all  cases 
of  contagious  or  infectious  disease. 

12.  The  medical  inspector  shall,  from:  time  to  time,  examine 
into  the  sanitary  condition  of  all  school  properties  in  his  district 
and  keep  the  board  of  educaton  informed  thereof.     Any  special 
work  required  of  the  medical  inspector  by  the  local  board  of 
education,  such  as  frequent  extra  visits,  vaccination  or  fumiga- 
tions, shall  be  arranged  for  by  mutual  agreement. 

13.  The  certificate  of  exemption  from  vaccination  of  any  pupil 
shall  be  made  by  the  medical  inspector. 

APPEALS. 

i.  All  appeals  shall  be  heard  on  the  record  on  which  the  Com- 
sioner  of  Education  rendered  his  decision,  which  record  shall 
be  certified  by  him  to  the  State  Board  of  Education. 


196  RULES  AND  REGULATIONS. 

APPEALS HOW  AND  WHEN  TO  BE  TAKEN. 

2.  Appeals  must  be  taken  within  thirty  days  after  the  Com- 
missioner of  Education  has  filed  his  decision.    An  appeal  shall  be 
taken  by  filing  with  the  Commissioner  and  serving  by  registered 
mail  or  personally  upon  the  adverse  party  or  his  attorney,  a  notice 
identifying  the  decision  and  stating  that  an  appeal  is  taken  to 
the  State  Board  of  Education  from  it,  or  from  such  part  of  it  as 
may  be  specified.    An  affidavit  setting  forth  the  time  and  manner 
of  service  must  be  promptly  filed  with  the  Commissioner. 

POINTS. 

3.  Within  five  days  after  an  appeal  is  taken  the  appellant  shall 
file  with  the  Secretary  of  the  Board  and  serve  upon  the  respond- 
ent a  statement  setting  forth  the  points  on  which  he  relies  and  a 
reference  to  the  evidence  and  authorities,   if  any,   in  support 
thereof.    At  the  same  time  he  shall  file  with  the  Secretary  of  the 
Board,  if  he  so  desires,  a  written  request  for  an  oral  hearing. 
The  respondent  within  five  days  after  the  service  of  the  appell- 
ant's points  may  file  with  the  Secretary  of  the  Board  and  serve 
upon  the  appellant  an  answer  to  his  points,  and  if  he  so  desires, 
a  written  request  for  an  oral  hearing. 

4.  If  answering  points  are  served  the  appellant  may  within 
two  days  thereafter  file  and  serve  points  in  reply. 

HEARING  ON  APPEAIv. 

5.  On  the  fifteenth  day  after  an  appeal  has  been  taken,  the 
Secretary  of  the  Board  shall  remit  the  record,  certified  as  here- 
inbefore provided,  the  notice  of  appeal,  the  affidavit  of  service, 
the  points  and  the  requests,  if  any,  for  an  oral  hearing,  to  the 
Advisory  Committee.     Such  committee  shall  determine  whether 
or  not  an  oral  hearing  should  be  held,  and  if  so,  it  shall  fix  the 
time  and  place  and  notify  the  parties.    It  shall  consider  the  appeal 
and  recommend  its  conclusions  to  the  Board. 


RULES  AND  REGULATIONS.  197 

COPIES  OF  RUIZES. 

6.  When  a  notice  of  appeal  is  filed  in  the  office  of  the  Com- 
missioner of  Education,  he  shall  forthwith  mail  a  copy  of  these 
rules  to  each  of  the  parties. 


Blanks  and  Forms 

For  School  Officers. 


(199) 


Blanks  and  Forms  for  School  Officers 


The  following  Forms  have  been  prepared  for  the  use  of  all 
officers  having  duties  to  discharge  under  the  School  Law.  Their 
use  will  secure  uniformity  and  correctness  in  the  transaction  of 
financial  and  general  school  business.  The  literal  use  of  these 
Forms  is  in  no  case  essential  to  the  validity  of  a  school  instru- 
ment. Any  Form  may  be  used  which  clearly  expresses  the  objects 
designed,  or  the  intention  of  the  parties  interested,  and  conforms 
in  all  respects  to  the  requirements  of  the  law,  but  as  those  an- 
nexed have  been  prepared  with  strict  reference  to  these  necessary 
conditions,  their  use  is  recommended.  The  blank  spaces  are  to  be 
filled  to  meet  the  varying  circumstances  in  each  case. 

CALVIN  N.  KENDALL, 
Commissioner  of  Education. 


(201) 


202  BLANKS  AND  FORMS 

Forms  fcr  County  Superintendents* 

I.     (Form   No.   15.) — Transfer  Certificate. 

,. .  .  .County. 

Transfer  Certificate  Nb 

This  is  to  certify  that ,  residing  in  the 

School  District  of County  of .,  has  re- 
ceived the  consent  of  the  County  Superintendent  to  attend  the 

Public  Schools  in  the  School  District  of , 

County   of 

Dated ,  19.  ... 


County  Superintedent. 

One  copy  should  be  filed  with  the  clerk  of  the  school  district 
in  which  the  pupil  attends  school,  and  one  copy  with  the  clerk 
of  the  school  district  in  which  said  pupil  resides.  When  the 
districts  are  in  adjoining  counties,  the  certificate  must  be  signed 
by  the  County  Superintendent  of  each  county. 


II.     (Form  No.  21.)— Notice  of  Institute— Postal  Card. 

,N.J.,.. ,../,.  19.. 

The  Teachers'  Institute  for , County  will  be  held 

at ,  beginning ,  19 .  . ,  and  closing 

,  I9-- 


County  Superintendent. 

RULE  PRESCRIBED  BY  THE  STATE  BOARD  OF  EDUCATION. — "All  teachers  are 
required  to  attend  the  Annual  Institute,  held  for  the  County  in  which  they  are 
teaching ;  and  no  deduction  shall  be  made  from  the  salary  of  any  teacher  for 
the  time  he  or  she  shall  be  in  attendance  upon  said  institute." 


FOR  SCHOOL  OFFICERS.  203 

III.     (Form  No.  22.) — Certificate  of  Teacher's  Attendance  at  Institute. 

N.  J., ,19... 

To  the  Board  of  Education  of  the  School  District  of 

I  hereby  certify  that has  been  in  attend- 
ance at  the  Annual  Institute  of  the  County,  just  closed, 

days. 


County  Superintendent. 


IV.     (Form   No.  25.) — Statement  of   Expenses. 

,N.J., ,19... 

To  the  State  Board  of  Education : 

Herewith  I  submit  a  statement,  by  items,  of  the  expenses  in- 
curred by  me  in  the  performance  of  my  official  duties  as  County 

Superintendent  of  Schools  for  . County,  for  the  three 

months  ending ,  19  ... 


OFFICE  EXPENSES. 


Postage, 
Expressage, 
Stationery, 
Printing, 


MISCELLANEOUS  EXPENSES. 


EXPENSES   INCURRED   IN   VISITING  SCHOOLS. 


Date ,  Schools, 

Date .  .  ,  Schools, 


204  BLANKS  AND  FORMS 

SUMMARY. 

Office  expenses, 

Miscellaneous  expenses,    .......       , 

Expenses  incurred  in  visiting  schools, 

Total, 

Total  number  of  schoolhouses  in  the  County, 
Total  number  visited  during  the  three  months  ending 
........  ...,19...,       . 

Numbers  of  the  schools  not  visited, 
Reasons  why  these  schools  were  not  visited, 

STATE  OF  NEW  JERSEY, 


County  ,  ' 


On  this day  of ,  19 .  .  . ,  before  me  personally 

appeared ,  County  Superintendent  of County, 

who,  on  his  oath,  saith  that  the  within  statement  is  true,  and  that, 
to  the  best  of  his  knowledge  and  belief,  he  has,  during  the  time 
for  which  this  statement  is  made,  faithfully  performed  all  the 
duties  imposed  by  the  School  Law  and  by  the  regulations  of  the 
State  Board  of  Education. 
Sworn  and  subscribed  before  me 

this day  of ,  19.  .. 


V.      (Form    No.  26.)— Order  on   County  Collector  for  the  $200,000  State 
School  Fund  Appropriation. 

OFFICE  OF  COUNTY  SUPERINTENDENT,   \ 

No ,  N.  J., ,19-.- 

To  the  Collector  of County : 

Pay  to  the  order  of ,  Custodian  of  School 

Moneys  of  the  School  District  of ,   

dollars,  being  the  amount  apportioned  out  of  the  State  Appro- 
priation of  $200,000,  for  the  support  of  Public  Schools  in  said 
District,  for  the  School  Year  beginning  July  1st,  19.  .  , 
$ 


County  Superintendent. 


FOR  SCHOOL  OFFICERS.  205 


VI.     (Form   No.  26A.) — Order  on  County  Collector  for  the  State 
Appropriation. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
No ,N.J., ,19... 

To  the  Collector  of County : 

Pay  to  the  order  of ..  .  . ,  Custodian  of  School 

Moneys  of  the  School  District  of .,   

dollars,  being  the  amount  apportioned  out  of  the  State  Appro- 
priation for  the  support  of  Public  Schools  in  said  District,  for  the 
School  Year  beginning  July  1st,  19.  .  .,  in  accordance  with  the 
provisions  of  section  177  of  the  School  Law. 

$.. 


County  Superintendent. 


VII.     (Form  No.  27.) — Order  on  the  County  Collector  for  the  State 

School  Tax. 


OFFICE  OF  COUNTY  SUPERINTENDENT, 
No ,N.J., ,19... 

To  the  Collector  of County  : 

Pay  to  the  order  of . ,  Custodian  of  School 

Moneys  of  the  School  District  of ., 

dollars,  being  the  amount  apportioned  out  of  the  State  School 
Tax  for  the  support  of  Public  Schools  in  said  District,  for  the 
School  Year  beginning  July  ist,  19.  .. 
$.. 


County  Superintendent. 


206  BLANKS  AND  FORMS 


VIM.      (Form    No.  28.) — Order  on   the  County  Collector  for  the    Reserve 

Fund. 


OFFICE  OF  COUNTY  SUPERINTENDENT,  ~| 

No ...,N.J., ,19...      / 

To  the  Collector  of County : 

Pay  to  the  order  of . ,  Custodian  of  School 

Moneys  of  the  School  District  of , 

dollars,  being  the  amount  apportioned  out  of  the  Reserve  Fund 
for  the  suport  of  Public  Schools  in  said  District,  for  the  School 
Year  beginning  July  ist,  19.  .. 
$ 


County  Superintendent. 


IX.     (Form   No.  29.) — Order  on  the  County  Collector  for  the   Interest  of 

Surplus  Revenue. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

No ,N.J., ,19... 

To  the  Collector  of County: 

Pay  to  the  order  of ,  Custodian  of  School 

Moneys  of  the  School  District  of ,  . 

dollars,  being  the  amount  apportioned  out  of  the  interest  of  the 
Surplus  Revenue  for  the  support  of  Public  Schools  in  said  Dis- 
trict, for  the  School  Year  beginning  July  ist,  19.  .. 

$.. 


County  Superintendent. 


X.     (Form   No.  30.) — Order  on   County  Collector  for  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ^ 

No ,  N.J., ,19... 

To  the  Collector  of County : 

Pay  to  the  order  of . ,  Custodian  of  School 

Moneys  of  the  School  District  of , 


FOR  SCHOOL  OFFICERS.  207 

dollars,  being  the  amount  of  balance  of  the  State  Appropriation 
reapportioned  to  said  District  for  the  support  of  Public  Schools, 
for  the  School  Year  beginning  July  ist,  19.  .  . 

$ 


County  Superintendent. 


XI.     (Form  No.  57.)— Notice  to  District  Clerk  that  Teacher  has 
filed  Report. 


.N.J.,  .. „  19-.. 

To       . District  Clerk: 

SIR — You  are  hereby  notified  that .has  filed. 

annual  report  with  me,  as  required  by  law. 


County  Superintendent. 


XII.     Form  of  Certificate  Condemning  a  School-House. 

This  is  to  certify  that  I,  the  undersigned,  have  this  day  con- 
demned Public  School-house  No .in  the  School  District  of 

. .  ... .,. ...  .and  County  of.  .,. .,.  ..,.'.-,  as  being,  in  its  present  con- 
dition, inadequate  and  unsuited  to  the  number  of  pupils  attend- 
ing or  desiring  to  attend  said  school.  [Here  give  reasons.] 

Dated  this day  of .....,,  19.  . . 


County  Superintendent. 

Approved  this day  of  . , ., ,.  .>,  19 .  .  . ,  and  this 

order  shall  take  effect  on  the day  of ,  19 ... 


Commissioner  of  Education. 

NOTE. — The  original  should  be  filed  with  the  Custodian  of  School  Moneys, 
a  copy  retained  by  the  County  Superintendent  and  a  copy  filed  with  the  Com- 
missioner of  Education  and  with  the  District  Clerk. 


308  BLANKS  AND  FORMS 

XIII.     Notice  to  the  Custodian  of  School  Moneys  of  Apportionment 

of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,    ] 
••  ..........  ,N.J.,  ...  ........  ,  I9... 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


The  amount  of  balances  of  the  State  Appropriation  due  your 
School  District,  under  section  183  of  the  School  Law,  is  $  ...... 


County  Superintendent. 


XIV.     Notice  to  District  Clerk  of  Apportionment  of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
.....,N.J.,  ..,19... 

i D.  C,  School  District  of : 

I  have  this  day  apportioned  to  your  District,  from  the  balances 

of  the  State  Appropriation,  the  sum  of  $ for  the  School 

Year  beginning  July  ist,  19.  .. 


•••• 


County  Superintendent. 


XV.     Appointment  of  a  President  or  Vice-President. 

To ..,.,: 

The  office  of  President  (or  Vice-President)  of  the  Board  of 

Education  of  the  School  District  of ,  in  the  county 

of .'.,..,..,..,..;  being  vacant  through  failure  of  the  Board  of 
Education  to  elect  according  to  law,  you  are  hereby  appointed  to 
fill  such  vacancy  until  the  next  annual  meeting  for  the  organiza- 
tion of  the  Board  of  Education  in  said  district. 

Dated  this day  of ,  19 .  . . 


County  Superintendent. 


FOR  SCHOOL  OFFICERS.  209 

XVI.     Notice  to  the  Custodian  of  School  Moneys,  Directing  Him  to  With- 
hold Schools  Moneys  from  a  Teacher. 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


SIR — You  are  hereby  directed  to  withhold  all  further  payment 

of  salary  to ,  a  teacher  now  employed  in  School 

No ,  situated  in  your  School  District,  said  teacher  not  being- 

in  possession  of  a  certificate  [or  not  having  kept  the  School  Regis- 
ter], as  is  required  by  the  School  Law. 

Dated  this day  of ,  19.  ... 


County  Superintendent. 
Approved  this day  of ,  19.  .. 

Commissioner  of  Education. 
See  note  to  XII. 


XVII.    Notice  to  the  Custodian  of  School  Moneys,  Directing  Him  to  With- 
hold School  Moneys  from  a  District. 

To  the  Custodian  of  School  Moneys  of  the  School  District  of 


SIR — You  are  hereby  directed  to  withhold  [here  state  the 
amount  in  words']  from  the  school  moneys  apportioned  to  your 
School  District  [here  state  the  reason  why  the  money  is  with- 
held}. 

Dated  this day  of ,  19.  .. 


County  Superintendent, 
Approved  this day  of ,  19.  .. 

Commissioner  of  Education. 
See  note  to  XII. 

14  S   L 


£io  BLANKS  AND  FORMS 

Forms  for  City  Superintendents* 

XVIII.     (Form  No.  33.)— Application  for  State  Aid  for  School  Library. 

N.  J 19.. 

To  the  Commissioner  of  Education : 

SIR — We,  the  undersigned,  Superintendent  and  Secretary  of 

the  Board  of  Education  of  the  School  District  of ,  County 

of ,  State  of  New  Jersey,  do  hereby  certify  that  there  has 

been  raised  in  our  district  the  sum  of dollars,  for  the 

purpose  of a  school  library  in  School  No 

in  said  District,  in  accordance  with  the  provisions  of  Article 
XXIII. ,  section  208,  of  the  Revised  School  Law,  and  we  therefore 

request  you  to  send  to. ., ,  Custodian  of  School  Moneys  of 

said  District,  an  order  for  the  amount  due  from  the  State  in 
accordance  with  the  further  provisions  of  said  article. 


City  Superintendent. 


,                           Secretary  Board  of  Education. 
The  address  of  the  Custodian  is 

STATE  OF  NEW  JERSEY,  \ 

COUNTY  OF. J  * 

,  Superintendent  of  the  School  District 

in  the  County  of ,  being  duly  sworn,  on  his  oath  saith 

that  the  within  statement  is  true. 


Sworn  and  subscribed  before  me  this   ^ 
.  .day  of ..  .,  19.  .  .       J 


,.,N.  J., ,19.-. 

To  the  County  Superintendent  of  Schools : 

$IR_We,  the 'undersigned,  Superintendent  and  Secretary  of 
the  Board  of  Education  of  the  School  District  of ,  County 


FOR  SCHOOL  OFFICERS,  211 

of ,  State  of  New  Jersey,  do  hereby  certify  that  there  has 

been  raised  for  School  No the  sum  of 

dollars,  and  that  we  have  forwarded  to  the  Commissioner  of 
Education  the  application  for  State  aid  for  the  library  in  favor  of 
said  school. 


Superintendent. 
Secretary. 


XIX.     (Form  No.  39.)— Teacher's  Contract. 

It  is  agreed  between  the  Board  of  Education  of in  the 

County  of and .that  said  Board  of  Education 

has  employed  and  does  hereby  engage  and  employ  the  said 

to  teach  in  the. ...... .public  school,  under  the  control 

of  said  Board  of  Education,  for  the  term  of year. . 

from  the .day  of .,  19.  . .,  at  a  salary  of  $ 

to  be  paid  in ..  .equal  monthly  installments;  .......... 

that  the  said shall  begin  teaching  on  the day 

of ,  19.  .  .  ;  that  the  said.  .  . . —  .holds  a  valid. ....... 

certificate  to  teach,  issued  in  New  Jersey,  now  in 

full  force  and  effect,  or  will  procure  such  certificate  before  the 
date.  ....  .he  shall  begin  teaching,  and  that  the  date  when  said 

certificate  will  expire  is  the.  .  .  ... .  .  .day  of 19.  .  .,  and 

that  said  teacher,  before  entering  upon  the  duties  of  such  position, 

will  exhibit certificate  to  the Superintendent 

of  Schools  of  the  County  in  which  such  school  shall  be  situate. 

It  is  hereby  agreed  that  either  of  said  parties  to  this  contract 
may,  at  any  time,  terminate  said  contract  and  the  employment 
aforesaid,  by  giving  to  the  other  party  [here  insert  length  of 
time]  notice  in  writing  of  its  election  to  so  terminate  the  same. 

The  said.  .  . .,. .  .  ...  .hereby  accepts  the  employment  aforesaid 

and  undertakes  that ...  he  will  faithfully  do  and  perform 

..... .duty  under  the  employment  aforesaid,  and  will  observe 

and  enforce  the  rules  prescribed  for  the  government  of  the 


BLANKS  AND  FORMS 

School  by  the  Board  of  Education  and  the  Superintendent,  or 
Principal,  or  Supervising1  Principal. 

Dated  this. .t. .  . ... ...  .day  of , ,  19.  .. 


.  .1. .,..,...,          President  of  the  Board  of  Education 

District  Clerk.       of  the  School  District  of 

County  of 


Teacher. 


XX.     (Form  No.  40.) — Application  for  State  Manual  Training 
Appropriation. 

N.J., 19... 

( Post-Office  Address.) 
To  the  Commissioner  of  Education : 

SIR — We  hereby  certify  that  for  the  School  year  beginning 

July  ist,   19.  . .,  there  has  been  raised  by in  the 

School  District  of ,  in  the  County  of 

. .',. .!. .,  the  sum  of . .,. dollars  for  the  purpose  of 

maintaining  a  course  of  Manual  Training,  as  approved  by  the 
State  Board  of  Education,  pursued  in  the  schools  of  this  district, 
and  that  said  amount  has  been  appropriated  for  such  purpose. 

This  application  is  made  in  accordance  with  the  provisions  of 
Article  XXII.  of  the  revised  School  Law,  and  upon  our  certifica- 
tion that  said  course  of  study  is  being  maintained  as  approved  by 
the  State  Board  of  Education,  and  we  therefore  request  you  to 

draw  an  order  in  favor  of. .. . . .,. ...  .Custodian  of  the 

School  Moneys  of  said  School  District,  for  the  amount  due  from 
the  State,  in  accordance  with  the  further  provisions  of  said 
article. 


President  of  the  Board  of  Education 

of  the  School  District  of , 

County  of.  ... 

Attest : 


Secretary  or  District  Clerk  of  the  Board  of  Education. 
The  address  of  the  Custodian  of  School  Moneys  is 


FOR  SCHOOL  OFFICERS.  213 

Forms  for  District  Clerks* 


XXI.      (Form    No.   3.)— Notice   for  Annual    Meeting   for  the    Election    of 
Members  of  the  Board  of  Education. 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  Dis- 
trict of . .  . .: ,  in  the  County  of ,  that  the  annual 

School  meeting  for  the  election  of  members  of  the  Board  of  Edu- 
cation will  be  held  at. ... .,. .,. .,. .,  on  Tuesday,  the. . . . .  .,. .  .day 

of  March,  19.  . .,  at. o'clock. .... 

The  polls  will  remain  open  one  hour,  and  as  much  longer  as 
may  be  necessary  to  enable  all  the  legal  voters  present  to  cast 
their  ballots. 

At  said  meeting  will  be  submitted  the  question  of  voting  a  tax 
for  the  following  purposes: 

Purchase  of  land  for  school  purposes 

Building  and  repairing  school-houses 

Current  expenses .1.  . ... 

Manual  training ,...,...,..., 

The  total  amount  thought  to  be  necessary  is  $. 

The  following  propositions  will  also  be  submitted: 


Dated  this day  of  March  19.  .. 

District  Clerk. 


NOTE. — "A  member  of  a  Board  of  Education  shall  be  at  least  twenty-one 
years  of  age,  a  citizen  and  resident  of  the  School  District,  and  shall  have  been 
such  citizen  and  resident  for  at  least  three  years  immediately  preceding  his 
or  her  becoming  a  member  of  such  Board,  and  shall  be  able  to  read  and 
write." — School  Law,  Sec.  83. 


2'i4  BLANKS  AND  FORMS 

XXII.     Notice  for  a  Special   District  Meeting. 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  Dis- 
trict of . .,  in  the  County  of ,  that  a  special  School 

meeting  will  be  held  at ,  on  the day  of ,  19 , 

at o'clock  in  the noon,  at  which  meeting  will  be  sub- 
mitted the  following  questions  [here  particularly  specify  each 
item  of  business  to  be  acted  upon] . 

Dated  this day  of ,  19. .  . 


President. 
District  Clerk. 


XXIII.  Various  Specifications  of  Business  to  be  Transacted  that  may 
be  Inserted  in  any  Notice  for  District  Meeting,  as  they  may  be 
Needed. 

To  authorize  the  board  of  education  to  purchase  or  take  and 
condemn  land  and  to  erect  a  school-house  thereon,  and  to  pur- 
chase school  furniture  and  other  necessary  equipment ; 

To  authorize  the  board  of  education  to  repair,  alter  or  enlarge 
a  school-house  already  erected ; 

To  purchase  school  furniture  and  other  necessary  equipment; 

To  raise  money  by  district  tax  to  pay  the  expenses  of  such 
erection,  alteration  or  repair; 

To  authorize  the  board  to  borrow  money  ordered  to  be  raised 
by  issuing  bonds  in  the  corporate  name  of  the  district  in  such 
amounts  and  payable  at  such  times  as  the  legal  voters  shall  direct ; 

To  raise  a  district  tax  to  defray  the  current  expenses  of  the 
schools  during  the  ensuing  year  [current  expenses  include  prin- 
cipals', teachers',  janitors'  and  medical  inspectors'  salaries,  fuel, 
text-books,  school  supplies,  flags,  transportation  of  pupils,  tuition 
of  pupils  attending  school  in  other  districts  with  the  consent  of 
the  board  of  education,  school  libraries,  compensation  of  the  dis- 
trict clerk,  of  the  custodian  of  school  moneys  and  of  truant  offi- 


FOR  SCHOOL  OFFICERS,  215 

cers,  truant  schools,  insurance  and  the  incidental  expenses  of  the 
schools] ; 

To  order  a  district  tax  for  the  payment  of  a  debt  of 

dollars,  now  resting  upon  the  school-house  property ; 

To  order  the  sale  of  the  present  school-house  property,  and  to 
decide  what  disposition  shall  be  made  of  the  proceeds ; 

To  authorize  the  board  to  condemn  land  for  school  purposes ; 

To  authorize  the  board  to  renew  outstanding  bonds ; 

To  see  if  the  district  will  reduce  the  number  of  members  of  the 
board  of  education ; 

To  see  if  the  district  will  agree  to  establish  a  union-graded 
school ; 

To  order  a  district  tax  for  manual  training. 


XXIV.     Order  of  Business  at  a  District  School   Meeting. 

1.  Choose  a  chairman  and  secretary. 

2.  Read  the  notice  calling  the  meeting. 

3.  Report  of  district  clerk. 

4.  Appointment  of  tellers  by  the  chairman. 

5.  Transaction  of  the  business  for  which  the  meeting  was 
called,  as  set  forth  in  the  notice. 

6.  Miscellaneous  business. 

7.  Adjournment. 


XXV.     (Form  No.  12.)— Order  on  Custodian  of  School  Moneys  for 
Teachers'  Salaries. 

No ,  N.  J.,   ,19.. 

To ,  Custodian  of  School  Moneys  of  the  School  District 

of . . County  of . .  . . .,  State  of  New  Jersey: 

Pay  to  the  order  of ,  Teacher, dollars, 

being  the  amount  of  salary  due  for  teaching  in  Public  School  No. 


2i6  BLANKS  AND  FORMS 

. . ,  of  said  School  District  of ,  from , 

19. .  to ,  19. . 

$ .  .1. ,  President.     >    Board  of  Education  of  the 

,  District  Clk.  f       School  District  of 

I  hereby  certify  that  the  Teacher  in  whose  favor  this  order  is 
drawn,  is  in  possession  of  a  Teacher's  Certificate,  in  full  force 
and  effect,  and  has  properly  kept  the  School  Register,  as  required 
by  law,  and  that  I  have  certified  thereto  in  said  Register. 


District  Clerk. 

NOTE. — Money  raised  by  district  tax  can  be  used  for  such  school  purposes  as 
are  specified  at  the  meeting  at  which  the  money  is  ordered.  All  other  school 
money  must  be  reserved  for  the  payment  of  teacher's  salary,  fuel,  bills,  trans- 
portation of  pupils  and  tuition  of  pupils  in  adjoining  districts. 

Payments  can  be  made  only  for  the  support  of  those  schools  that  conform 
in  all  respects  to  the  provisions  of  the  School  Law,  and  to  those  teachers  only 
who  possess  certificates  in  full  force  and  effect,  covering  the  time  for  which 
salary  is  demanded,  and  who  have  kept  the  school  register  in  the  manner  pre- 
scribed. 

The  Custodian  of  School  Moneys  should  invariably  refuse  to  pay  orders 
until  he  is  satisfied  that  all  these  conditions  have  been  complied  with. 


XXVI.  (Form  No.  13.) — Order  on  the  Custodian  of  School  Moneys  for 
District  Tax  Raised  for  Other  Purposes  than  the  Payment  of 
Teachers'  Salaries. 

No ,  N.  J., ,19... 

To ,  Custodian  of  School  Moneys  of  the  School  District 

of .  . ,  County  of ,  State  of  New  Jersey: 

Pay  to  the  order  of dollars,  for  [here 

state  for  what  purpose  the  money  is  to  be  paid] ,  out  of  the  funds 
raised  by  District  Tax  now  in  your  hands. 

,  District  Clerk.  [  Board  of  Education  School  Dis- 

,  President.         (       trict ,  County  of 


FOR  SCHOOL  OFFICERS.  217 

XXVII.     (Form    No.   14.) — Notice   by  District   Clerk  to   County   Superin- 
tendent of  the  Election  of  Members  of  Board  of  Education. 

To ,  County  Superintendent : 

SIR — The  legal  voters  of at  the  annual  school  meet- 
ing held  on  the day  of  March,  19 .  .  . ,  elected 

as  members  of  the  Board  of  Education  in  the  place  of 

, ,  whose  terms  had  expired. 

The  Board  of  Education  now  consists  of — 
Name.  Address. 

Mr whose  term  expires  19 ... 

"      ,    ,       "          "          "  19... 

"      "          "          "  19.  .. 

(i  a          (t          t(  __ 

t(  a          it          ((        Tr^ 

t(  a  ((  n  _^. 

a  ((  (t  tt  _^ 

"     ,      "        "        "      19... 

"     ,  ,      "        "        "      19..- 

The  Board  has  organized  by  the  election  of  Mr as 

President,  Mr as  Vice-President,  and  Mr 

as  District  Clerk. 


District  Clerk. 

NOTE.— This  notice  should  be  sent  to  the  County  Superintendent  within  five 
days  after  the  organization  of  the  Board. 


XXVIII.      (Form    No.   17.) — Report  of   District  Clerk  to  County   Superin- 
tendent of  the  Amount  of  District  School  Tax  Ordered  to  be  Raised. 

To County  Superintendent  .  . County : 

The  following  is  a  copy  of  the  notice  delivered  to  the  Assessor 
as  required  by  law  : 


2i8  BLANKS  AND  FORMS 

To  . .  . . Assessor  of County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 

of in  the  County  of was  held  at . . 

a  convenient  public  place  within  the  District,  on  the day 

of 19.  .  . ,  pursuant  to  notice,  setting  forth  the  time, 

place  and  object  of  said  meeting,  and  specifying .dollars 

as  the  amount  of  money  thought  necessary  to  be  raised.  The  Dis- 
trict Clerk,  as  directed  by  the  Board  of  Education  at  a  meeting  of 

said  Board  held  on  the .............  day  of . . ,  19..., 

posted .copies  of  the  notice  calling  said  meeting,  one 

copy  thereof  being  posted  on  each  school-house  in  the  district,  and 
one  copy  thereof  at  each  of  the  following-named  public  places 

therein : 

on  the  . . ....  .day  of.  .1. ... . .,  19. ...     The  said  legal 

voters  so  met,  by  the  consent  of  a  majority  of  those  present, 

ordered  raised  by  special  district  tax dollars  for  the  purpose 

of . .  .  and ,.  dollars  for  the  purpose  of 

and dollars  for  the  purpose  of . ... amounting  in 

all  to  . . dollars,  which  sum  is  not  in  excess  of  the 

amounts  set  forth  in  the  notices  for  said  purposes.  The  vote  was 
taken  by  ballot  and  the  ballots,  tally  sheet,  poll  list  and  statement 
of  the  result  of  said  meeting  having  been  filed  with  the  County 
Superintendent  of  Schools  in  the  manner  required  by  law,  you  are 

therefore  directed  to  assess  the  said  sum  of dollars  on 

the  inhabitants  of  said  School  District,  arid  their  estates,  and  the 
taxable  property  therein,  pursuant  to  the  statute  in  such  case 
made  and  provided. 

Dated  this. ... . . ... .  . .  day  of ...........  19. ... 


District  Clerk. 

STATE;  OF  NEW  JERSEY,  \ 

COUNTY  OF J 

, ,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the of 

in  the  County  of . . ,  and  that  the  above 

statement  by  him  is  correct  and  true. 


FOR  SCHOOL  OFFICERS.  219 

Sworn  and  subscribed  before  me  this . .  . . day  of 

>  19--- 


XXIX.  (Form  No.  17.)— Certificate  of  the  Amount  of  School  Tax  Voted 
to  be  Raised  in  a  School  District,  to  be  Delivered  by  the  District 
Clerk  to  the  Township  Assessor. 

To Assessor  of  . .  . . County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the .... 

....  of ,  in  the  County  of  ........  was  held  at 

a  convenient  public  place  within  the  District,  on  the day 

of ,  19. .,  pursuant  to  notice,  setting  forth  the  time, 

place  and  object  of  said  meeting,  and  specifying. . . ... .  .  .dollars 

as  the  amount  of  money  thought  necessary  to  be  raised.  The 
District  Clerk,  as  directed  by  the  Board  of  Education  at  a  meet- 
ing of  said  Board  held  on  the. day  of ,  19. ., 

posted copies  of  the  notice  calling  said  meeting,  one 

copy  thereof  being  posted  on  each  school-house  in  the  district,  and 
one  copy  thereof  at  each  of  the  following-named  public  places 

therein :     ,.  . 

on  the day  of . . .,  19. .     The  said  legal 

voters  so  met,  by  the  consent  of  a  majority  of  those  present, 
ordered  raised  by  special  district  tax dollars  for  the  pur- 
pose of and dollars  for  the  purpose  O'f 

and dollars  for  the  purpose  of amounting  in 

all  to dollars,  which  sum  is  not  in  excess  of  the 

amounts  set  forth  in  the  notices  for  said  purposes.  The  vote  was 
taken  by  ballot  and  the  ballots,  tally  sheet,  poll  list  and  statement 
ol  the  result  of  said  meeting  having  been  filed  with  the  County 
Superintendent  of  Schools  in  the  manner  required  by  law,  you  are 

therefore  direct  to  assess  the  said  sum  of dollars  on 

the  inhabitants  of  said  School  District,  and  their  estates,  and  the 
taxable  property  therein,  pursuant  to  the  statute  in  such  case 
made  and  provided. 

Dated  this day  of ,  19.  . 


District  Clerk. 


220  BLANKS  AND  FORMS 

STATE  OF  NEW  JERSEY, 
COUNTY  OF 

,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the of 

in  the  County  of .,  and  that  the  above 

statement  by  him  is  correct  arid  true. 

Sworn  and  subscribed  before  me  this. .  . ., day  of 


NOTES  TO  XXII  AND  XXIIL— The  certificate  must  state  for  what  object  or 
objects  the  money  is  raised.  3  Vroom  444.  If  more  than  one  object  is  speci- 
fied, the  amount  of  money  apportioned  to  each  must  be  stated.  7  Vroom  89. 

A  district  tax  ordered  for  the  purpose  of  "maintaining  a  school"  is  illegal. 
The  e'xpress  purpose,  as  specified  in  section  95,  for  which  the  money  is  to  be 
used  must  be  stated  and  voted  upon. 

The  law  requires  that  notice  of  the  above  action  should  also  be  sent  to  the 
County  Superintendent. 


XXX.     (Form  No.  20.)— Affidavit  to  Bills  Presented  to  a  Board  of 

Education. 

STATE  OF  NEW  JERSEY,   \ 
..;.. i.  .COUNTY,          / 

..,..,....;......,  of  full  age,  being  duly  sworn,  on  his  oath 

saith  that  the  goods  or  services  itemized  in  the  annexed  bill  have 
been  delivered  or  rendered ;  that  no  bonus  has  been  given  or  re- 
ceived by  any  person  or  persons  in  connection  with  the  same; 
that  the  same  is  correct  and  true,  and  the  amount  therein  stated 
is  justly  due  and  owing  as  set  forth. 

Sworn  and  subscribed  before  me,      1 

this. day  of ,  19. ...   k. ....... 

.D.  C. 


FOR  SCHOOL  OFFICERS.  221 

XXXI.     (Form  No.  32.)— Application  for  State  Aid  to  Establish  a  School 

Library. 

N.J.,  ..,.,, 19... 

To  the  Commissioner  of  Education : 

SIR — We,  the  undersigned,  President  and  District  Clerk  of  the 
Board  of  Education  of  the  School  District  of ...........  County 

of ..............  State  of  New  Jersey,  do  hereby  certify  that  there 

has  been  raised  for  School  No.. .  .  . ... .(.  .1  the  sum  of . . 

dollars,  for  the  purpose  of.  .1. .».  .  .1. .,.  .a  School  Library  in  said 
School,  in  accordance  with  the  provisions  of  Section  208  of  the 
Revised  School  Law,  and  we  therefore  request  you  to  send  to 

. ., ,  Custodian  of  the  School  moneys  of  said  District,  an 

order  for  the  amount  due  from  the  State  in  accordance  with  the 
further  provisions  of  said  act. 

The  address  of  the  Custodian  is. .». ...  .  . ... . 

,  President,    ")     Board  of  Education  of  the 

L    School  District  of 

,  District  Clerk,     j County. 

NOTE. — The  money  raised  in  the  district  may  be  by  special  tax,  subscription 
or  entertainment.  The  money  thus  raised,  together  with  that  received  from 
the  State,  can  be  expended  for  library  books,  books  of  reference,  apparatus 
or  educational  works  of  art.  The  law  does  not  admit  of  its  being  used  to 
purchase  text-books. 

The  first  appropriation  is  twenty  dollars,  and  subsequent  appropriations 
ten  dollars  each. 

STATE  OF  NEW  JERSEY,    \ 
. ... ...  .COUNTY,  J  v 

District  Clerk  of  the  School  District  of , 

in  the  County  of ,  being  duly  sworn,  on  his  oath  saith 

that  the  within  statement  is  true. 

Sworn  and  subscribed  before  me,  this     "| 
..  .day  of ,  A.  D.  19.  .  .      r.i. ... ., 


,  N.  J.,  ,19... 

To  the  County  Superintendent  of  Schools : 

SIR — We,  the  undersigned,  President  and  District  Clerk  of  the 
Board  of  Education  of  the  School  District  of. ,  County 


222  BLANKS  AND  FORMS 

of .........  .1.  .,  State  of  New  Jersey,  do  hereby  certify  that  there 

has  been  raised  for  School  No..  ...  „.  .  .  ...  the  sum  of 

dollars,  and  that  we  have  forwarded  to  the  Commissioner  of 
Education  the  application  for  State  aid  for  the  library  in  favor 
of  said  school. 


President. 
District  Clerk. 


XXXII.     (Form  No.  129.)—  Report  of  Purchases  Made  for  School 

Library. 


To  the  Commissioner  of  Education  : 

I  hereby  report  that  the  following  purchases  have  been  made 
for  our  School,  with  the  amount  raised  in  the  District,  and  the 
appropriation  received  from  the  State. 


District  Clerk. 

NOTE — This  report  must  be  made  in  order  that  the  district  may  be  entitled 
to  future  payment.  It  should  give  the  names  and  prices  of  the  several  articles 
purchased. 


XXXIII.     (Form  No.  39.)— Teacher's  Contract. 

It  is  agreed  between  the  Board  of  Education  of ,  in  the 

County  of ,.. .  and ,  that  said  Board  of  Education  has 

employed  and  does  hereby  engage  and  employ  the  said ........ 

to  teach  in  the ,.  .public  school,  under  the  control  of  said 

Board  of  Education,  for  the  term  of year from  the 

day  of .,  19.  ...,  at  the  salary  of  $ ,  to  be 

paid  in equal  monthly  installments;  that  the  said.  ...... 

shall  begin  teaching  on  the day  of ,  19.  .  .  ;  that 


FOR  SCHOOL  OFFICERS.  223 

the  said ,. . holds  a  valid certificate  to 

teach,  issued  in  New  Jersey,  now  in  full  force  and  effect,  or  will 
procure  such  certificate  before  the  date,  .he  shall  begin  teaching, 

and  that  the  date  when  said  certificate  will  expire  is  the 

day  of ,  19. .  .,  and  that  said  teacher,  before  entering 

upon  the  duties  of  such  position,  will  exhibit certificate 

to  the Superintendent  of  Schools  o>f  the  county  in  which 

such  school  shall  be  situate. 

It  is  hereby  agreed  that  either  of  said  parties  to  this  contract 
may,  at  any  time,  terminate  said  contract  and  the  employment 
aforesaid,  by  giving  to  the  other  party  [here  insert  length  of  time} 
notice  in  writing  of  its  election  to  so  terminate  the  same. 

The  said. ......... .hereby  accepts  the  employment  aforesaid 

and  undertakes  that. .  .he  will  faithfully  do  and  perform. ...... 

duty  under  the  employment  aforesaid,  and  will  observe  and  en- 
force the  rules  prescribed  for  the  government  of  the  School  by 
the  Board  of  Education  and  the  Superintendent,  or  Principal,  or 
Supervising  Principal. 

Dated  this day  of .,  19.  .. 


,          President  of  the  Board  of  Education 

District  Cl&rk.         of  the  School  District  of 

County  of 


Teaicher. 

NOTE. — One  copy  of  the  contract  must  be  filed  with  the  County  Superintend- 
ent, one  copy  with  the  District  Clerk  and  one  copy  retained  by  the  teacher. 


XXXIV.     (Form  No.  40.)— Application  for  State  Manual  Training 
Appropriation. 

....N.  J., 19.-. 

(Post-Office  Address.) 
To  the  Commissioner  of  Education: 

SIR — We  hereby  certify  that  for  the  School  year  beginning 
July  ist,  19. .  . ,  there  has  been  raised  by in  the  School 


224  BLANKS  AND  FORMS 

District  of. .  . .  . . .. .,  in  the  County  of , 

the  sum  of . . dollars  for  the  purpose  of  maintaining  a 

course  of  Manual  Training-,  as  approved  by  the  State  Board  of 
Education,  pursued  in  the  schools  of  this  district,  and  that  said 
amount  has  been  appropriated  for  such  purpose. 

This  application  is  made  in  accordance  with  the  provisions  of 
Article  XXII.  of  the  revised  School  Law,  and  upon  our  certifica- 
tion that  said  course  of  study  is  being  maintained  as  approved 
by  the  State  Board  of  Education,  and  we  therefore  request  you  to 
draw  an  order  in  favor  of , ....  .1. .......... .Custodian  of  the 

School  Moneys  of  said  School  District,  for  the  amount  due  from 
the  State,  in  accordance  with  the  further  provisions  of  said  article. 


President  of  the  Board  of  Education 

of  the  School  District  of. . ., 

County  of 

Attest : 


Secretary  or  District  Clerk  of  the  Bvard  of  Education. 
The  address  of  the  Custodian  of  School  Moneys  is 


XXXV.     (Form  No.  137.)— Bond  to  be  Issued  for  Loan. 

SCHOOL  BOND 

No Bond  of  School  District  of  the of .  . 

$ County  of ,  N.  J. 

Know  all  men  by  these  presents  that  "The  Board  of  Education 

of  the of. .'.,  in  the  County  of "  in 

the  State  of  New  Jersey,  is  justly  indebted  unto ,  or 

bearer,  in  the  sum  of dollars,  lawful  money  of  the  United 

States  of  America,  to  be  paid  to  the  said or  bearer,  on 

the day  of. . ,  19.  . .,  at  the bank  at. , 

N.  J.,  with  interest  therefor  from  the  date  hereof,  at  the  rate  of 


FOR  SCHOOL  OFFICERS.  225 

per  centum  per  annum,  payable  semi-annually ,  on  the 

days  of and in  every  year,  at  the 

bank  aforesaid,  on  the  presentation  of  the  annexed  coupons,  as 
they  shall  severally  become  due. 

This  is  one  of  a  series  of  coupon  (a)  bonds  issued  by  the  Board 
of  Education  of  above  School  District,  amounting  in  the  aggre- 
gate to dollars,  numbered  from ......  to ,  both  in- 
clusive; and  all  of  said  bonds  have  been  issued  for  money  bor- 
rowed by  said  Board  under  the  provisions  of  Article  VII.  of  an 
act  entitled  "An  act  to  establish  a  thorough  and  efficient  system 
of  free  public  schools  and  to  provide  for  the  maintenance,  support 
and  management  thereof,"  approved  October  iQth,  1903,  and  by 

the  consent  of  the  inhabitants  of  said lawfully  given,  at 

a  meeting  lawfully  held,  on ,  19.  .. 

In  witness  whereof,  on  the day  of in  the  year 

nineteen  hundred  and ,  this  bond  is  signed  by  the  Presi- 
dent of  the  Board  of  Education  of  the of . .,  in 

the  County  of ,  and  attested  by  the  District  Clerk,  under 

the  seal  of  the  Board. 


President. 
Attest : 


District  Clerk. 
[SEAL.] 

[Form  of  Coupon  to  be  attached  to  the  above  Bond.} 

SCHOOL  BOND. 

Board  o>f  Education  of  the  ......  or  ......  ,  County  of  ........  : 

Interest  warrant  for  ........  dollars,  payable  at  the  ......... 

bank  of  ........  N.  J.,  to  bearer  ........  ,  19  .  .  .  ,  f  or  six  months' 

interest  on  Bond  No  ..... 

..................  ,D.  C. 


(a)  Bonds  may  be  registered  or  coupon.     If  registered  the  bond  should  so 
state  and  the  coupons  omitted. 

15  s  L 


226  BLANKS  AND  FORMS 

XXXVI.     (Form  No.  55.) — Notice  to  the  Assessor  of  Amount  of  Tax  to  be 
Raised  for  Bonds  and  Interest. 

To Assessor  of County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 

of in  the  County  of was  held  at 

a  convenient  public  place  within  the  District,  on  the day 

of ,  19.  .  . ,  pursuant  to  notice,  setting  forth  the  time, 

place  and  object  of  said  meeting,  and  specifying 

dollars  as  the  amount  of  money  thought  necessary  to  be  raised  by 
the  issue  of  bonds  for  the  purpose  of  providing  adequate  and  suit- 
able school  accommodations  for  the  pupils  attending  or  desiring  to 
attend  school  in  said  District.  The  District  Clerk,  as  directed  by 

the  Board  of  Education,  posted copies  of  the  notice 

calling  said  meeting,  one  copy  thereof  being  posted  on  each  school- 
house  in  the  district,  and  one  copy  thereof  at  each  of  the  following- 
named  public  places  therein : 

on  the day  of ,  19 ...    The  said  legal  voters 

so  met,  by  the  consent  of  a  majority  of  those  present,  ordered 

raised  by  the  issue  of  School  District  bonds dollars,  and 

said  legal  voters  also  determined  the  denomination  of  said  bonds 
and  the  time  or  times  of  payment  thereof.  The  amount  of  said 
bonds  so  authorized  to  be  issued  was  not  in  excess  of  the  amount 
set  forth  in  the  notices.  The  vote  was  taken  by  ballot,  and  the  bal- 
lots, tally  sheet,  poll  list  and  statement  of  the  result  of  said  meet- 
ing having  been  filed  with  the  County  Superintendent  of  Schools 
in  the  manner  required  by  law.  The  proceedings  authorizing  said 
issue  of  bonds  were  approved  by  the  Attorney-General  as  required 
by  law.  You  are  therefore  directed  to  assess  on  the  inhabitants 
of  said  School  District,  and  their  estates,  and  the  taxable  property 
therein,  pursuant  to  the  statute  in  such  case  made  and  provided, 

the  sum  of dollars,  being  the  amount  of  principal  and 

interest  due  on  said  bonds  during  the  year  for  which  said  assess- 
ment shall  be  made. 

Dated  this day  of ,  19 ... 

District  Clerk. 


FOR  SCHOOL  OFFICERS.  227 

STATS  OF  NEW  JERSEY,    ^ 

COUNTY  OF.  . j 

,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the 

of in  the  County  of and  that  the  above 

statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this .day  of , 

19.... 


XXXVII.     (Form   No.  55.) — Notice  to  County  Superintendent  of  Tax  for 

Bonds  and  Interest. 


To County  Superintendent County : 

The  following  is  a  copy  of  the  notice  delivered  to  the  Assessor 
as  required  by  law : 

To ,  Assessor  of County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the.  .  . . 

.  .  .  .of. in  the  County  of.  ...... .was  held  at 

a  convenient  public  place  within  the  District,  on  the 

day  of ,  19. .,  pursuant  to  notice,  setting  forth  the 

time,  place  and  object  of  said  meeting1,  and  specifying 

dollars  as  the  amount  of  money  thought  necessary  to  be  raised  by 
the  issue  of  bonds  for  the  purpose  of  providing  adequate  and  suit- 
able school  accommodations  for  the  pupils  attending  or  desiring 
to  attend  school  in  said  District.    The  District  Clerk,  as  directed 
by  the  Board  of  Education,  posted.  ......  .copies  of  the  notice 

calling  said  meeting,  one  copy  thereof  being  posted  on  each 
school-house  in  the  district,  and  one  copy  thereof  at  each  of  the 

following-named  public  places  therein:  ,..,..1.. , 

on  the day  of . ,  19. .     The  said  legal  voters 

so  met,  by  the  consent  of  a  majority  of  those  present,  ordered 

raised  by  the  issue  of  School  District  bonds. dollars,  and 

said  legal  voters  also  determined  the  denomination  of  said  bonds 
and  the  time  or  times  of  payment  thereof.  The  amount  of  said 
bonds  so  authorized  to  be  issued  was  not  in  excess  of  the  amount 
set  forth  in  the  notices.  The  vote  was  taken  by  ballot  and  the 


228  BLANKS  AND  FORMS 

ballots,  tally  sheet,  poll  list  and  statement  of  the  result  of  said 
meeting  having  been  filed  with  the  County  Superintendent  of 
Schools  in  the  manner  required  by  law.  The  proceedings  author- 
izing said  issue  O'f  bonds  were  approved  by  the  Attorney-General 
as  required  by  law.  You  are  therefore  directed  to  assess  on  the 
inhabitants  o>f  said  School  District,  and  their  estates,  and  the  tax- 
able property  therein,  pursuant  to  the  statute  in  such  case  made 

and  provided,  the  sum  of dollars,  being  the  amount  of 

principal  and  interest  due  on  said  bonds  during  the  year  for 
which  said  assessment  shall  be  made. 

Dated  this day  of ,  19 ... 


District  Clerk. 
STATE  OF  NEW  JERSEY, 

COUNTY  OF 

,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the 

of in  the  County  of and  that  the  above 

statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of , 

19.... 


XXXVIII.      (Form   No.  61.)— Directions  for  Bonding  a   District. 

i.  There  must  be  a  regularly-called  meeting  of  the  Board  of 
Education,  of  which  meeting  all  the  members  must  have  had 
notice.  The  notice  may  be  given  verbally  or  by  mailing  a  writ- 
ten notice.  If  the  latter,  the  notice  must  be  mailed  in  ample  time 
to  be  received  before  the  time  fixed  for  the  meeting.  At  that 
meeting  the  Board  of  Education  must  decide  on  the  amount  of 
money  thought  to  be  necessary.  If  land  is  to  be  purchased,  the 
Board  of  Education  must  decide  upon  the  site  or  sites  it  thinks 
suitable.  It  must  also  decide  upon  the  time  for  holding  the 
District  Meeting,  and  the  form  of  the  resolution  to  be  inserted 
in  the  notices  to  be  posted  by  the  District  Clerk,  and  the  places, 


FOR  SCHOOL  OFFICERS.  229 

other  than  the  school-houses,  where  such  notices  shall  be  posted. 
Full  minutes  of  the  meeting  must  be  kept.  The  Board  should 
adjourn  to  meet  as  soon  as  possible  after  the  District  Meeting, 
and  at  such  adjourned  meeting  should  adopt  resolutions  necessary 
to  carry  into  effect  the  resolutions  adopted  by  the  legal  voters. 

2.  If  it  is  the  intention  to  submit  to  the  legal  voters  more 
than  one  proposition,  the  Board  of  Education  should  adopt  a 
full  set  of  resolutions  for  each  proposition,  which  should  appear 
in  the  notices  and  be  placed  on  the  ballots.     If  this  is  done,  and 
the  legal  voters  reject  one  proposition  and  adopt  the  other,  the 
number  and  amount  of  bonds  to  be  issued  will  agree  with  the 
expenditures  authorized  by  the  legal  voters.     All  propositions 
submitted  must  be  printed  on  the  same  ballot. 

3.  The  District  Clerk  must  post  the  notices  ordered  by  the 
Board  of  Education  at  least  ten  days  before  the  date  of  the  meet- 
ing of  the  legal  voters ;  the  day  the  notices  are  posted  cannot  be 
counted  in  the  ten  days.     The  notices  must  state  the  time  and 
place  of  the  District  Meeting,  and  all  business  that  is  to  be 
acted  upon.     If  land  is  to  be  purchased,  or  to  be  condemned, 
the  plot  or  plots  thought  to  be  suitable  by  the  Board  of  Education 
must  be  described  in  the  notices.     AS  resolution  authorizing  the 
Board  of  Education  to  purchase  &  lot  will  not  authorize  it  to 
secure  the  lot  by  condemnation.     The  Board  of  Education  may 
submit  more  than  one  site,  in  which  case  each  plot  must  be  de- 
scribed in  the  notices.     The  notices  must  also  state  the  amount 
of  money  thought  to  be  necessary.     The  notices  must  not  state 
the  denomination  of  the  bonds  and  times  of  payment,  as  these 
items  are  by  law  to  be  determined  by  the  District  Meeting.    The 
notices  must  also  state  that  the  question  of  authorizing  the  Board 
of  Education  to  issue  bonds  will  be  submitted.     A  copy  of  the 
notice  must  be  posted  on  each  schoolhouse  in  the  district,  and  at 
such  other  places  as  may  be  designated  by  the  Board  of  Educa- 
tion.    Not  less  than  seven  notices  must  be  posted. 

4.  The  District  Meeting  must  decide  the  amount  of  money  to 
be  raised,  and  also  decide  what  portion  of  the  money  so  ordered 
shall  be  used  for  the  purchase  of  land,  and  what  portion  for  build- 
ing, furniture  and  other  necessary  equipment.    The  cost  of  fenc- 


230  BLANKS  AND  FORMS 

ing,  grading  and  supplying  drinking  water  is  to  be  included  in 
the  appropriation  for  the  erection  of  the  school-house,  it  should 
not  be  made  a  separate  item.  The  total  amount  ordered  raised 
must  not  exceed  the  sum  named-  in  the  notices.  The  District 
Meeting  must  also  decide  how  many  bonds  shall  be  issued,  the 
denomination  of  each  bond,  and  the  time  of  its  payment,  but 
should  not  fix  the  rate  of  interest,  as  the  law  gives  that  power 
to  the  Board  of  Education,  but  not  to  exceed  six  per  cent.  It 
cannot  select  a  site  unless  it  has  been  submitted  by  the  Board  of 
Education  in  the  notices.  The  meeting  may,  however,  reject 
all  the  sites  offered.  All  votes  in  the  District  Meeting  must  be 
by  ballot.  The  ballots  must  contain  in  full  the  several  proposi- 
tions voted  on.  Full  minutes  of  the  meeting  must  be  kept. 

5.  The  chairman  must  appoint  two  tellers  to  receive  and  count 
the  ballots.     The  secretary  must  keep  a  poll-list  of  the  voters, 
and  a  tally-sheet  of  the  ballots  as  counted.    The  tally-sheet  must 
be  signed  by  the  chairman  and  tellers  and,   with  the  ballots, 
be  placed  in  a  package,  endorsed  with  the  name  of  the  district, 
the  name  of  the  county  in  which  the  district  shall  be  situate,  and 
the  date  on  which  the  meeting  shall  have  been  held.     The  pack- 
age must  be  sealed  as  soon  as  the  ballots  are  counted  and  the  tally 
sheet  signed,  and  before  leaving  the  place  where  the  election  was 
held,  forwarded  to  the  County  Superintendent  of  Schools  within 
five  days  after  the  date  of  the  meeting,  together  with  a  statement 
of  the  result  of  the  meeting,  signed  by  the  chairman  and  secre- 
tary.     Envelopes   for  this  purpose  can  be  obtained   from  the 
County  Superintendent. 

6.  Two  copies  of  the  minutes  of  both  meetings  of  the  Board 
of  Education,  attested  by  the  District  Clerk;  two  copies  of  the 
notices  posted,  attested  by  said  clerk;  two  copies  of  the  minutes 
of  the  District  Meeting,  attested  by  the  secretary  of  the  meeting, 
and  two  copies  of  each  kind  of  ballot  used,  attested  by  the  secre- 
tary of  the  meeting,  must  be  sent  to  this  office — one  copy  to  be 
approved  by  the  Attorney-General  and  the  other  to  be  filed  in  this 
office.    When  it  is  intended  to  borrow  the  money  from  the  State 
School  Fund,  an  application  must  accompany  the  copies  of  the 
proceedings.     Blank  forms  to  be  used  for  the  reports  of  the  pro- 
ceedings and  for  application  for  loan  from  State  School  Fund  may 


FOR  SCHOOL  OFFICERS.  231 

be  obtained  from  the  County  Superintendent  of  Schools.  In  mak- 
ing reports,  only  such  business  as  relates  to  the  purchase  of  land, 
building,  furnishing  and  equipping  the  school-house  and  bonding 
the  district  need  be  inserted  in  the  copies  of  the  minutes  of  the 
meetings  of  the  Board  of  Education  and  legal  voters.  In  the 
blank  for  the  report  of  the  proceedings  of  the  District  Meeting, 
a  resolution  is  inserted  for  the  purchase  of  land,  in  making  the 
report  when  land  is  not  ordered  to  be  purchased,  the  resolution 
for  the  purchase  of  land  should  be  crossed  out  with  red  ink,  also 
in  the  application  for  the  loan  from  the  State  School  Fund. 

7.  The  approval  o£  the  Attorney-General  must  be  secured  be- 
fore bonds  can  be  legally  issued,  whether  the  money  is  to  be 
borrowed  from  the  State  School  Fund  or  from  private  parties. 

8.  When  district  bonds  have  been  issued,  the  District  Clerk 
must,  when  any  bond  is  paid  and  canceled,  forward  said  canceled 
bond  to  this  office,  as  required  by  law. 

9.  Blank  bonds  will  be  furnished  by  this  office. 

FORM  OF  BAUDOT. 
District  School  Meeting 

(Name  of  District.) 
19-  •• 

1.  Resolved,  That  the  Board  of  Education  be  authorized  to 
purchase  as  a  lot  on  which  to  build  a  school-house,  the  plot  of 
land  situate  as  follows : 

The  cost  of  said  land  shall  not  exceed  the  sum  of dollars. 

2.  Resolved,  That  the  Board  of  Education  be  authorized  to 
erect  a  school-house  on  said  plot  of  land,  and  to  purchase  for  said 
school-house  the  school  furniture  and  other  necessary  equipment. 
The  cost  of  said  school-house,  furniture  and  equipment  shall  not 
exceed  the  sum  of dollars. 

3.  Resolved,  That   for  the  purpose  of  securing  the  money 
needed  to  purchase  said  land,  to  erect  said  school-house,  and  pur- 
chase said  furniture  and  equipment,  the  Board  O'f  Education  be 


*32  BLANKS  AND  FORMS 

authorized  to  issue bonds  of  the  District  in  the  cor- 
porate name  of  the  District,  in  the  denomination  of 

dollars  each. 

4.  Resolved,  That  one  bond  shall  be  issued  for year, 

one  for .  .years,  one  for ,. ...  .years. 

Notice  to  Voters. 

To  vote  for  the  resolutions  leave  them  as  they  are  printed. 
To  vote  against  any  resolution  cancel  the  same  with  ink  or 
pencil. 

(The  following  note  is  not  to  be  printed  on  the  ballot.) 

NOTE. — If  a  choice  in  the  plot  of  land  on  which  to  erect  the  school-house  is 
offered,  make  a  separate  resolution  for  each  plot  with  the  word  or  between  the 
resolutions,  and  add  to  the  "notice  to  voters"  the  following:  Do  not  vote  for 
both  resolutions  for  purchase  of  land. 

If  authority  to  condemn  is  requested  the  notice  and  ballots  must  contain  the 
words  "take"  and  "condemn." 

MINUTES  OF  THE  MEETING  OF  THE  BOARD  OF  EDUCATION. 

Pursuant  to  notice  given  to  each  member,  the  Board  of  Edu- 
cation of  the of in  the  County 

of met  at on  the 

day  of .  19.  .  .,  at .o'clock  in  the 

There  were  present  Messrs 

On  motion  of  Mr the  following  preamble 

and  resolutions  were  adopted : 

WHEREAS,  In  the  judgment  of  this  Board,  the  school  accommo- 
dations now  provided  in  this  district  are  inadequate  and  un- 
suited  to  the  number  of  pupils  attending  or  desiring  to  attend 
school;  and 

WHEREAS,  It  is  the  opinion  of  this  Board  that  in  order  to  pro- 
vide adequate  and  suitable  school  accommodations,  a  plot  of 
land  should  be  secured,  a  new  school-house  erected,  and  school 
furniture  and  other  necessary  equipment  purchased,  and  that 
the  amount  necessary  for  the  foregoing  is  thought  to  be  the 
sum  of. .dollars;  therefore 


FOR  SCHOOL  OFFICERS,  233 

Resolved,  That  a  meeting  of  the  legal  voters  of  the  school  dis- 
trict be  held  at .on  the. .. day  of 

19.  .  .,  at o'clock  in  the , 

and  that  the  District  Clerk  be  and  is  hereby  directed  to  post  a 
copy  of  the  notice  calling  said  meeting  on  each  school-house  in 
the  district,  and  a  copy  at  each  of  the  following-named  public 
places  in  the  district,  to  wit : 

Resolved,  That  there  shall  be  stated  in  said  notices  the  follow- 
ing items  of  business  to  be  acted  upon  at  said  meeting : 

To  authorize  the  Board  of  Education  to  purchase,*  as  a  lot  on 
which  to  erect  a  school-house,  the  plot  of  land  situate  as  follows : 


The  cost  of  said  plot  shall  not  exceed  the  sum  of 

dollars. 

To  authorize  the  Board  of  Education  to  erect  a  school-house 
on  said  plot  of  land,  and  to  purchase  for  said  school-house  the 
school  furniture  and  other  necessary  equipment.  The  cost  of 
said  school-house,  furniture  and  equipment  shall  not  exceed  the 
sum  of ...dollars. 

The  amount  of  money  thought  to  be  necessary  for  the  fore- 
going is ( dollars. 

To  authorize  the  Board  of  Education  to  borrow  the  money 
ordered  to  be  raised  by  issuing  bonds  in  the  corporate  name  of  the 
district,  in  such  amounts  and  payable  at  such  times  as  the  legal 
voters  shall  direct. 

On  motion  of  Mr the  Board  adjourned  to 

meet  at on the 

day  of . .  .  .  .  19 .  . ,  at o'clock 


District  Clerk. 

STATE  OF  NEW  JERSEY,  '\ 
_  kw. 

COUNTY  OF 

being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  Board  of  Education  of 


*  If  authority  to  condemn  is  requested  the  words  "or  take  and  condemn" 
must  be  inserted. 


234  BLANKS  AND  FORMS 

of .  .  .  .1. .  . in  the  County  of 

...  .1 ,  that  said  Board  consists  of 

members,  and  that  it  is  incorporated  under  section  84  of  an  act 
entitled  "An  act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  maintenance,  support 
and  management  thereof,"  approved  October  igth,  1903,  and  that 
the  foregoing  is  a  true  copy  of  the  proceedings  and  resolutions 
had  and  adopted  by  said  Board  of  Education  at  a  meeting  held  on 

the day  of 19 . . ,  so  far 

as  said  proceedings  and  resolutions  relate  to  the  calling  of  the 
meeting  of  the  legal  voters  of  said  district,  to  be  held  on  the .... 

day  of . . .  .1 19.  .,  and  that  notice  of  the 

time  and  place  of  said  meeting  was  given  to  each  member  of  said 
Board  on  the day  of ,. . .  .19.  ., 

in  the  following  manner: 

• 

[Here  insert  how  notice  was  given.    If  written,  append  copy.] 

Sworn  and  subscribed  before  "1 

me,    this r 

day  of 19.  .   J 


NOTICE. 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  District 

of  the.  . of -.''... i  in  the  County  of 

that  a meeting  of  the  legal  voters  of  said  School  District 

will  be  held  at ,  on  the day  of , 

19.  .  .,  at .  .  .o'clock  in  the ,.  .,  at  which  meeting  the 

following  items  of  business  to  be  acted  on  will  be  submitted : 

To  authorize  the  Board  of  Education  to  purchase,*  as  a  lot  on 
which  to  erect  a  school-house,  the  plot  of  land  situate  as  follows : 


*  If  authority  to  condemn  is  to  be  granted  the  words  "or  take  and  condemn" 
must  be  inserted. 


FOR  SCHOOL  OFFICERS.  235 


The  cost  of  said  plot  shall  not  exceed  the  sum  of 

dollars. 

To  authorize  the  Board  of  Education  to  erect  a  school-house  on 
said  plot  of  land,  and  to  purchase  for  said  school-house  the  school 
furniture  and  other  necessary  equipment.  The  cost  of  said 
school-house,  furniture  and  equipment  shall  not  exceed  the  sum 
of dollars. 

The  amount  of  money  thought  to  be  necessary  for  the  fore- 
going is .dollars. 

To  authorize  the  Board  of  Education  to  borrow  the  money 
ordered  to  be  raised  by  issuing  bonds  in  the  corporate  name  of  the 
District  in  such  amounts  and  payable  at  such  times  as  the  legal 
voters  shall  direct. 


District  Clerk. 
Dated . .  .  .,  19.  . 

STATE  OF  NEW  JERSEY,    -^ 
~  Iss. 

COUNTY  OF j 

being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  Board  of  Education  of  the 

of in  the  County  of ,  that  there  are 

school-houses  in  said  district,  and  that  he  posted copies 

of  a  notice,  of  which  the  foregoing  is  a  true  copy,  on  the 

day  of .  .  .,  19.  .,  one  copy  being  posted  on  each  of  said 

school-houses,  and  one  copy  at  each  of  the  following-named  public 
places  in  the  District,  as  directed  by  the  Board  of  Education,  to 
wit :  . 


that  the  notices  were  posted' in  all  respects  according  to  law. 

Sworn  and  subscribed  before 

me,  the 

day  of 19.  .. 


236  BLANKS  AND  "FORMS 

DISTRICT    MEETING. 

The  legal  voters  of  the  School  District  of  the of 

<....,  in  the  County  of ,  met  at on 

the day  of 19.  .  .,  at o'clock  in 

the ,  pursuant  to  legal  notice,  a  copy  of  which  notice 

is  hereto  appended. 

Mr was  elected  chairman  and  Mr secre- 
tary of  the  meeting. 

The  secretary  read  the  notice  calling  the  meeting. 

The  chairman  appointed  as  tellers  Messrs 

The  following  resolutions  were  adopted : 

Resolved,  That  the  Board  of  Education  be  authorized  to  pur- 
chase,* as  a  lot  on  which  to  erect  a  school-house,  the  plot  of  land 
situate  as  follows : 

The  cost  of  said  land  shall  not  exceed  the  sum  of 

dollars. 

The  vote  on  this  resolution  was  by  ballot.  For 

Against 

Resolved,  That  the  Board  of  Education  be  authorized  to  erect 
a  school-house  on  said  plot  of  land,  and  to  purchase  for  said 
school-house  the  school  furniture  and  other  necessary  equipment. 
The  cost  of  said  school-house,  furniture  and  equipment  shall  not 
exceed  the  sum  of dollars. 

The  vote  on  this  resolution  was  by  ballot.  For 

Against 

Resolved,  That  for  the  purpose  of  securing  the  money  needed 
to  purchase*  said  land,  to  erect  said  school-house  and  purchase 
said  furniture  and  equipment,  the  Board  of  Education  be  author- 
ized to  issue bonds  of  the  District,  in  the  corporate  name 

of  the  District,  in  the  denomination  of' dollars  each. 

The  vote  on  this  resolution  was  by  ballot.  For 

Against 


*  If  authority  to  take  and  condemn  land  is  given  the  resolution  must  so 
state. 


FOR  SCHOOL  OFFICERS.  237 

Resolved,  That  one  bond  shall  be  issued  for year,  one 

for years,  one  for years,  one  for 

years,  


The  vote  on  this  resolution  was  by  ballot.    For 

Against 

The  total  number  of  names  on  the  poll  list  was 

The  total  number  of  ballots  cast  was 

The  total  number  of  ballots  rejected  was 


STATE  OF  NEW  JERSEY,   .\ 
COUNTY  OF J  ' 

.  . , being-  duly  sworn,  on  his  oath  saith  that  he 

was  the  secretary  o<f  the  meeting  of  the  legal  voters  of  the. ... ... . 

of ,  in  the  County  of.  ...  .,. .,. .,. .,  held  on  the.  ...... 

day  of ,  19.  .  .,  and  that  the  foregoing  is  a  true  copy 

of  the  proceedings  and  resolutions  had  and  adopted  at  said  meet- 
ing ;  that  all  votes  taken  at  said  meeting  were  by  ballot,  and  that 
he  has  forwarded  to  the  County  Superintendent  of  Schools  a 
statement  of  the  result  of  said  meeting,  together  with  a  sealed 
package  containing  the  ballots,  poll  list  and  tally  sheet  used  at 
said  meeting,  as  required  by  section  96  of  the  Revised  School 
Law. 

Sworn  and  subscribed  before  1 

me,  this 

day  of    19.  ..   ' 


BAWDT. 


Here  insert  a  copy  of  each  style  of  ballot  used  at  the  meeting 
of  the  legal  voters. 


238  BLANKS  AND  FORMS 


kw. 


STATE  OF  NEW  JERSEY, 
COUNTY  OF 

•  •  • . being  duly  sworn,  on  his  oath  saith  that 

he  was  the  secretary  of  the  meeting  of  the  legal  voters  of  the 

of in  the  County  of 

held  on  the day  of 19.  .  .,  and  that 

the  foregoing true  cop of  the  ballot used 

at  said  meeting. 

Sworn  and  subscribed  before 

me,  this 

day  of ..19  I  Secretary. 


MINUTES  OF  THE  MEETING  OF  TJHE  BOARD  OF  EDUCATION. 

An  adjourned  meeting  of  the  Board  of  Education  of  the 

........  of .  .  . in  the  County  of was  held  at 

.on  the day  of ,  19.  .  .,  at 

o'clock  in  the. .  .  . .,. ...  .pursuant  to  a  resolution  adopted  by  said 
Board  at  a  meeting  held  on  the day  of .,  19.  .. 

There  were  present,  Messrs 


On  motion  of  Mr the  following  preamble  and  reso- 
lutions were  adopted : 

WHEREAS,  At  a  meeting  held  on  the.  ...*.... day  of 

19...,  the  legal  voters  adopted  resolutions  authorizing  this 
Board  to  purchase  a  certain  plot  of  land  for  school  purposes ;  to 
erect  on  said  plot  a  school-house;  to  purchase  for  said  school- 
house  the  school  furniture  and  other  necessary  equipment,  and 
to  borrow  the  money  needed  for  the  same  by  issuing  School 
District  bonds;  therefore  be  it 

Resolved,  That  this  Board  purchase  from the  plot  of 

land  situate  . 


at  a  cost  not  to  exceed  the  sum  of dollars. 

Resolved,  That  this  Board  erect  on  said  plot  a  school-house, 
said  house  to  be  built  of and  to  contain rooms, 


FOR  SCHOOL  OFFICERS.  239 

and  to  purchase  for  said  school-house  the  school  furniture  and 
other  necessary  equipment.  The  cost  of  said  school-house,  furni- 
ture and  equipment  not  to  exceed  the  sum  of dollars. 

Resolved,  That  for  the  purpose  of  securing-  the  money  needed 
to  purchase  said  plot,  to  erect  said  school-house  and  purchase 

said  furniture  and  equipment,  this  Board  issue Coupon 

bonds  of  the  District,  in  the  corporate  name  of  the  District,  in 

the  denomination  of .dollars  each;  that  one  bond  shall 

be  issued  for year,  one  for years, 


that  the  rate  of  interest  shall  be per  cent,  per  annum, 

payable  semi-annually  on  the days  of and 

.  . and  that  the  principal  of  and  interest  on  said  bonds 

shall  be  payable  at  the. ,.  .bank  at as  they 

severally  become  due  and  payable. 

Resolved,  That  this  Board  adjourn  to  meet  at on  the 

day  of . ,  at o'clock,  to  take  such 

further  action  as  may  be  necessary  to  carry  into  effect  the  fore- 
going- resolutions. 


rss. 


STATE  OF  NEW  JERSEY, 
COUNTY  OF 

being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  Board  of  Education  of  the 

of in  the  County  of ,  and  that  the  fore- 
going is  a  true  copy  of  the  proceedings  and  resolutions  had  and 
adopted  by  said  Board  of  Education  at  a  meeting  held  on  the 
day  of .  . ,  19.  .. 

Sworn  and  subscribed  before  "1 

me  this    . r         

day  of  . 


NOTE. — In  order  that  these  papers  shall  be  a  correct  record  of  the  proceed- 
ings, cross  out  with  red  ink  any  item  not  acted  on. 


2-40  BLANKS  AND  FORMS 

XXXIX.     (Form  No.  62.) — Application  for  Loan  From  State  School  Fund. 

To  the  Trustees  for  the  Support  of  Public  Schools : 

The  Board  of  Education  of  the .of.  ., ,  in 

the  County  of . .,.  .,..,....,  in  the  State  of  New  Jersey,  ask  to  bor- 
row of  the  Trustees  for  the  Support  of  Public  Schools  the  sum 

of .  ., dollars,  for  the  purpose  of  purchasing-  land,  erecting 

a  school-house  and  purchasing  school  furniture  and  other  neces- 
sary equipment,  and  offer  as  security  for  said  loan  bonds  of  the 
School  District  to  the  amount  at  par  of  said  loan. 


Official  title  of  bonds, 


Original  amount  of  issue,  $ 

Amount  offered,  $ 

Date  of  bonds,  ....... -Maturity, 

Average  time  (be  exact), years. 

Rate, Payable, annually and 

Denominations,  $ 

Where  are  principal  and  interest  payable?.  .  . 

Registration  as  to  principal — by  whom  and  where? 

Price  (be  exact) Yielding  (be  exact) % 

Statistics. 

Real  valuation,  estimated, . .  ,i $ 

Assessed  valuation,  191 .  .  . , $ 

Total  bonded  debt,  including  this  issue, ....   $ 

Water  debt,    .  .  .. $ 

School  debt,   $ 

Sinking  fund, $ 

Net  debt, $ 

Floating  debt  in  addition, $ 

Population,   1910  census 191 

Estimated, 

Percentage  of  debt  to  valuation  (be  exact) % 

Delivery  of  bonds, , 

Remarks. 


FOR  SCHOOL  OFFICERS.  241 

We  submit  herewith  a  copy  of  the  proceedings  had  at  said 
meeting  of  said  inhabitants,  a  copy  of  the  minutes  of  the  meeting 
of  the  Board  of  Education  of  said  district  at  which  the  posting 
of  the  notices  calling  said  meeting  of  the  inhabitants  was  ordered, 
a  copy  of  the  notices  calling  said  meeting  duly  verified  by  affi- 
davit, and  the  approval  of  the  Attorney-General  as  to  the  legality 
of  said  proceedings. 

Dated ,  N.  J., ,. .,  19.  . . 

.Pres.    "i       Board  of  Education  of 

.D.  C.    J  County  of 


XL.     Notice  for  a  Meeting  of  the  District  Board  of  Education. 

To... : 

You  are  hereby  notified  that  there  will  be  a  meeting  of  the 

Board  of  Education  of  the  School  District  of . ., ,. ... .,  on 

.evening,  ,.  .,  19.  . .,  at o'clock,  in 

the  school-house. 

[Date.}  ... 

District  Clerk. 


XLI.     Notice  to  be  given  by  the  Secretary  of  a  District  School   Meeting 
to  the  Members- Elect. 

To : 

You  are  hereby  notified  that  at  the  annual  school  meeting  in 

the  School  District  of ,..,..,  in  the  County  of 

held  on  the day  of ,  19 .  . . ,  you  were 

elected  a  member  of  the  Board  of  Education  in  said  district. 

Dated  this .day  of .  . ,  19.  . . 

Secretary  of  said  meeting. 
16  s  L 


242  BLANKS  AND  FORMS 

XLII.     Form  of  a  Lease. 

Know  all  men  by  these  presents,  that  A.  B.,  of  the 

of ,  in  the  County  of .  . ,  in  the  State  of  New 

Jersey,  of  the  first  part,  for  the  consideration  herein  mentioned, 

does  hereby  lease  unto  "The  Board  of  Education  of  the 

of.  ...  ...  .,.  .,.  .,  in  the  County  of.  . ,.  .,"  in  the  State  afore- 
said, party  of  the  second  part,  its  successors  and  assigns,  the  fol- 
lowing-described parcel  of  land : 

[Here  insert  description  of  land.] 

Together  with  all  the  privileges  and  appurtenances  thereunto 
belonging:  To  have  and  to  hold  the  same  for  and  during  the 

term  of. ....  ...years  from  the ,.  .day  of , , 

A.  D.  19.  .!.  ;  and  the  said  party  of  the  second  part,  for  itself,  its 
successors  and  assigns,  does  covenant  and  agree  to  pay  the  said 
party  of  the  first  part,  for  said  premises,  the  annual  rent  of 
.dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their 

hands  and  seals,  this day  of ,  19 ... 

A.  B.,  Lessor. 

,  President. 

,  District  Clerk. 


XLII  I.     Form  of  a  Deed  of  a  School-House  Site. 

Know  all  men  by  these  presents,  that  A.  B.   [and  C.  B.,  his 

wife,  if  married] ,  in  the of ,  in  the  County 

of ,  in  the  State  of  New  Jersey,  party  of  the  first  part, 

for  and  in  consideration  of  the  sum  of dollars,  to  them 

in  hand  paid  by  "The  Board  of  Education  of  the of 

,  in  the  County  of ,"  and  State  aforesaid, 

party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowl- 
edged, do  hereby  grant,  bargain,  sell  and  convey  to  the  said  party 
of  the  second  part,  its  successors  and  assigns,  the  following- 
described  piece  of  land  namely : 


FOR  SCHOOL  OFFICERS.  243 

[Here  insert  description  of  land.] 

Together  with  all  the  privileges  and  appurtenances  thereunto 
belonging:  To  have  and  to  hold  the  same  to  the  said  party  of 
the  second  part,  its  successors  and  assigns  forever;  and  the  said 
party  of  the  first  part,  for  themselves,  their  heirs,  executors 
and  administrators,  do  covenant,  bargain  and  agree,  to  and 
with  the  said  party  of  the  second  part,  its  successors  and  assigns, 
that  at  the  time  of  the  ensealing  and  delivery  of  these  presents, 
they  are  well  seized  of  the  premises  above  conveyed,  as  of  a  good, 
sure,  perfect,  absolute  and  indefeasible  estate  of  inheritance  in  the 
law  in  fee-simple,  and  that  the  said  lands  and  premises  are  free 
from  all  incumbrances  whatsoever  ;  and  that  the  above  bargained 
premises  in  the  quiet  and  peaceable  possession  of  the  said  party  of 
the  second  part,  its  successors  and  assigns,  against  all  and  every 
person  or  persons  lawfully  claiming  or  to  claim,  the  whole  or  any 
part  thereof,  the  said  party  of  the  first  part  will  forever  warrant 
and  defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  B.,  his  wife,  party 
of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this 
..........  day  of  ..........  ,  A.  D.  19  ... 

Signed,  sealed  and  delivered  in     "1  A     -n 

,  A.   B. 

presence  of 


F 


C.    B.  [SEAL.] 


NOTE.  —  Such  deeds  should  be  duly  acknowledged  before  a  judge,  commis- 
sioner of  deeds,  master  in  chancery  or  other  officer  authorized  by  law  to  take 
such  acknowledgment,  and  recorded  in  the  office  of  the  county  clerk.  The 
bond  and  mortgage  given  by  the  Board  of  Education  to  secure  payment  of 
part  of  purchase-money  may  be  in  the  usual  forms,  and  for  the  execution  of 
deeds,  mortgages  and  bonds  each  district  should  have  a  corporate  seal.  Notes 
given  for  borrowed  money  should  be  in  the  name  of  the  district  and  signed 
by  the  President  and  District  Clerk. 


XLIV.     Contract  for  Building  a  School-House. 

Contract  made  and  entered  into  between  A.  B.,  of  the  County  of 

,  State  of  New  Jersey,  and  "The  Board  of  Education 

of  the of ,  in  the  County  of ," 

State  of  New  Jersey. 


244  BLANKS  AND  FORMS 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the 
receipt  whereof  is  hereby  acknowledged,  and  of  the  further  sum 

of dollars,  to  be  paid  as  hereinafter  specified,  the  said 

A.  B.  agrees  to  build  a  frame  school-house  and  to  furnish  the 
materials  therefor,  acording  to  the  plans  and  specifications  for 
the  erection  of  said  house  hereto  appended,  at  such  point  in  said 
district  as  the  said  board  may  designate.  The  said  house  is  to 
be  built  of  the  best  material,  in  a  substantial,  workmanlike  man- 
ner ;  and  is  to  be  completed  and  delivered  to  said  Board,  free  from 

any  lien  for  work  done  or  materials  furnished,  by  the 

day  of ,  19 .  .  .  ;  and  in  case  the  said  house  is  not 

finished  in  the  time  herein  specified,  the  said  A.  B.  shall  forfeit  and 
pay  to  the  said  Board,  for  the  use  of  said  district,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that 

may  result  in  consequence  of  such  failure,  and  said  Board  may 
finish  the  building  and  charge  the  cost  of  the  same  to  the  said  A.  B. 

The  said  Board  hereby  agrees  to  pay  the  said  A.  B.  the  sum  of 

dollars  when  the  foundation  of  said  house  is  finished, 

and  the  further  sum  of dollars  when  the  building  is 

ready  for  the  roof ;  and  the  remaining  sum  of dollars 

when  the  said  house  is  finished  and  delivered,  as  herein  stipulated. 

It  is  further  agreed,  that  this  contract  shall  not  be  sublet, 
transferred  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  19 ... 

A.  B.,  Contractor. 

,  President. 

,  District  Clerk. 

NOTE. — In  building  a  school-house,  it  is  all-important  to  secure  a  plan  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture, 
number  and  size  of  the  windows  and  doors,  quality  of  materials  to  be  used ; 
what  kind  of  roof;  number  of  coats  of  paint;  of  what  material  the  founda- 
tion shall  be  constructed ;  its  depth  below,  and  its  height  above  the  surface 
of  the  ground;  the  number  and  style  of  chimneys  and  flues;  the  provisions 
for  ventilation ;  the  number  of  coats  of  plastering,  and  style  of  finish,  and  all 
other  items  in  detail  that  may  be  deemed  necessary.  The  plan  and  specifica- 
tions should  be  attached  to  the  contract,  and  the  whole  filed  with  the  District 
Clerk.  Before  the  building  is  commenced,  the  contract  and  specifications 
should  be  filed  in  the  office  of  the  county  clerk  to  prevent  liens.  All  plans  and 
specifications  must  be  submitted  to  the  State  Board  of  Education  for  approval, 
and  copies  of  all  contracts  must  be  filed  with  the  State  Board  of  Education 
as  soon  as  executed. 


FOR  SCHOOL  OFFICERS.  245 

XLV.     Form  of  Note  for  Money  Borrowed. 

,N;J., 19... 

days  after  date,  "The  Board  of  Education  of  the 

of ,  in  the  County  of ,"  State  of 

New  Jersey,  promises  to  pay  to ,  or  order, 

dollars,  with  interest  from  the  date  thereof,  at  the  rate  of 

per  cent,  per  annum. 

This  note  is  given  for  money  borrowed  by  said  Board  for  the 

purpose  of ,  pursuant  to  the  statute  entitled  "An  Act 

to  establish  a  thorough  and  efficient  system  of  free  public  schools, 
and  to  provide  for  the  maintenance,  support  and  management 
thereof,"  approved  October  igth,  1903,  and  by  the  consent  of  the 
inhabitants  of  the  said  district  lawfully  given,  at  a  meeting  law- 
fully held  on ,  19 ... 


President. 
Attest  : 


District  Clerk. 


XLVI.     Duties  of  District  Clerk. 

1.  To  prepare  and  post 

Notices  for  annual  district  meeting, 
Notices  for  special  district  meeting. 

2.  To  prepare  and  deliver  notices  for  meetings  of  the  Board  of 
Education. 

3.  To  act  as  secretary  of  the  Board  of  Education. 

4.  To  record,  in  a  book  provided  for  that  purpose,  all  the  pro- 
ceedings of  Board  of  Education  meetings  and  district  meetings. 

5.  To  keep  an  account  of  the  finances  of  the  district,  and  to 
report  at  each  regular  meeting  of  the  Board  of  Education. 

6.  To  pay  out  all  moneys  by  issuing  orders  on  the  Custodian 
of  School  Moneys. 


246  BLANKS  AND  FORMS 

7.  To  make  a  financial  report  to  County  Superintendent. 

8.  To  make  a  report  of  the  transactions  of  the  Board  for  the 
year  to  the  annual  district  meeting  for  the  election  of  members  of 
the  Board  of  Education. 

9.  To  prepare  and  forward  the  annual  report  of  the  County 
Superintendent. 

10.  To  notify  County  Superintendent  and  township  assessor  of 
the  amount  of  district  school  tax  ordered. 

11.  To  notify  County  Superintendent  of  the  election  of  mem- 
bers of  the  Board. 

12.  To  buy  fuel,  text-books  and  such  other  articles  as  the 
Board  may  direct. 

13.  To  deliver  to  his  successor  all  records  and  papers  belonging 
to  the  district. 


XLVN.     (Form  No.  34.)— Certificate  that  Child  has  Attended  School. 

I  hereby  certify  that  I  am  Principal  of  School  No , 

in  the of ,  County  of . ,  and  that 

[name  of  child]  is  the  [son,  daughter  or  ward]  of  [name  of 
parent  or  guardian],  residing  at  [street  and  city] ;  that  to  the  best 

of  my  knowledge  and  belief,  said  [name  of  child']  is . 

years  of  age ;  and  said  [name  of  child]  has  attended  school  under 
my  charge,  five  days  a  week,  for.  ......  .weeks,  during  the  year 

preceding  the  date  of  this  certificate. 

Dated ,  19 


Principal. 


XLVIII.    Teacher's  Report  to  the  County  Superintendent  when  Leaving  a 
School  Before  the  End  of  the  School  Year. 

Report  of  the  Teacher  of  Public  School  No in  the 

of ,  in  the  County  of ,  for 

the  portion  of  the  School  Year  commencing.  .  ., ist, 

19.  .  .  .,  and  ending.  . .  .,  19.  ... 


FOR  SCHOOL  OFFICERS.  247 

[The  body  of  the  Report  same  as  Annual  Report  in  the  Register.} 

To ,  County  Superintendent  for County: 

Being;  about  to  leave  my  present  school,  I  respectfully  present 
the  above  record  and  statements  as  my  report  for  the  expired 
portion  of  the  present  School  Year,  as  required  by  the  laws  of 
this  State;  which  report  I  hereby  certify  has  been  carefully  made 
out  from  the  records  contained  in  the  School  Register. 


Teacher. 

NOTE. — The  law  requires  that  a  duplicate  of  the  above  report  shall  be  made 
to  the  District  Clerk. 


Xj_IX.  Teacher's    Report  of  the   Suspension   of  a   Pupil   to  the   Board   of 

Education. 

To ,  District  Clerk  of  the  Board  of  Education  of  the 

of ,  of  the  County  of . : 

SIR — You  are  hereby  notified  that  I  have  this  day  suspended 

from  my  school ,  for  [here  state  the  cause  for 

suspension] . 

Dated  this day  of 19.  ... 


Teacher. 


NOTE. — The   School  law  requires   every  suspension  to  be   reported  to   the 
Board  of  Education. 


248  BLANKS  AND  FORMS 


Calendar  for  School  Elections  and  Duties. 


1.  State  Board  of  Education. — Meets  on  the  first  Saturday  of 
each  month. 

2.  State  Examinations. — Held  on  the  last  three  Saturdays  in 
April  and  the  first  three  Saturdays  in  November. 

3.  Boards  of  Education. — Elected  on  the  third  Tuesday  in 
March,  annually,  must  organize  on  the  first  Monday  in  April  and 
should  meet  at  least  once  in  two  months  during  the  period  that 
the  school  shall  be  in  session. 

4.  District  Clerks. — Elected  to  take  office  July  first. 

5.  District  Meetings  for  Voting  District  Tax. — Held  on  the 
third  Tuesday  in  March,  annually,  or  at  the  call  of  the  Board  of 
Education. 

6.  Report  of  the  State  Board  of  Education  to  the  Governor. — 
On  the  first  Tuesday  in  December,  annually. 

7.  Report  of  the  Commissioner  of  Education  to   the  State 
Board  of  Education. — On  the  first  Saturday  in  December,  an- 
nually. 

8.  Report  of  County  Superintendent  to  the  Commissioner  of 
Education. — On  or  before  the  first  of  September,  annually. 

9.  Report  of  the  District  Clerks  to  County  Superintendent  — 
On  or  before  the  first  of  August,  annually. 

10.  Report  of  Teachers  to  Board  of  Education. — At  the  close 
of  each  quarter's  teaching,  or  as  directed  by  the  rules  of  the 
Board. 

11.  Financial  Statement  of  Township  Collector  to  Township 
Committee  and  County  Superintendent. — On  or  before  the  first 
of  August,  annually. 

12.  Financial  Statement  of  District  Clerks  to  Township  Com- 
mittee.— On  or  before  the  first  of  August,  annually. 

13.  Financial  Statement  of  District  Clerks   to   the   County 
Superintendent. — On  or  before  the  first  of  August,  annually. 


FOR  SCHOOL  OFFICERS.  249 

14.  Assessor  Makes  Returns  to  Collector. — Within  fifteen  days 
after  the  first  Monday  in  September,  annually. 

15.  State  School  Tax. — To  be  paid  to  the  State  Treasurer  on 
or  before  the  twentieth  day  of  January.     To  be  paid  to  the 
County  Collector  on  or  before  the  twenty-second  day  of  Decem- 
ber. 

1 6.  School  Tax. — Collected  and  due  the  Board  of  Education 
by  the  twenty-second  day  of  December,  annually. 

17.  Apportionment  of  the  State  Appropriation  to  the  Counties. 
—Made  on  or  before  the  fifteenth  day  of  February,  annually. 

1 8.  Report  of  Teachers  Employed. — Made  by  the  Board  of 
Education  to  the  County  Superintendent  on  or  before  March 
fifteenth,  annually. 

19.  Apportionment  of  the  State  Appropriation  and  Township 
School  Taxes  to  the  District. — Made  by  the  County  Superintend- 
ent on  or  before  the  first  day  of  April,  annually. 

20.  State  Appropriation. — Two  hundred  thousand  dollars  paid 
in  November,  and  the  State  school  tax  in  the  month  of  January 
following1,  the  railroad  tax  collected  paid  September  first,  and 
balance  October  twenty-fifth. 

21.  Agricultural  College. — Candidates  examined  by  the  County 
and  City  Superintendents  on  the  first  Saturday  in  June. 

22.  School  Holidays. — First  day  of  January,  Lincoln's  birth- 
day, Washington's  birthday,  Good  Friday,  Memorial  day,  fourth 
of  July,  Labor  day,  Columbus  day,  Thanksgiving-  day,  Christmas 
day,  any  day  upon  which  a  general  election  shall  be  held,  and  also 
any  day  set  apart  by  proclamation  of  the  Governor  of  this  State 
or  the  President  of  the  United  States  for  the  purposes  of  public 
observance. 

23.  Patriotic  Exercises. — Held  on  the  last  school  day  preced- 
ing Lincoln's  birthday,  Washington's  birthday,  Decoration  or 
Memorial  day  and  Thanksgiving  day. 

24.  School  Year. — Commences  on  the  first  day  of  July  and 
ends  on  the  thirtieth  day  of  June. 

25.  Library  Year. — The  school  library  year,  the  teachers'  li- 
brary year  and  the  year  for  appropriations  for  manual  training 
coincide  with  the  State  fiscal  year,  and  begin  on  the  first  day  of 
November  and  end  on  the  thirty-first  day  of  October. 


INDEX. 


(250 


INDKX. 


Section  references  are  to  black  figures  in  text. 

A. 

PAGE. 

Abandonment  of  school  buildings,  section  144, 73 

Accommodations  for  school  children,  section  142,   71 

Accounts,  inspector  of,  section  3,  division  VII,  8 

Acts  validated,  section  280,  138 

Advertisement  for  bids,  etc.,  sections  58,  78,  27,  34 

Advertising  and  receiving  proposals,  section  33,  166 

Affidavits,  assistant  commissioners  of  education  may  take,  section  25,  .  .  16 

Commissioner  of  Education  may  take,  section  25, 16 

county  superintendent  may  take,  section  30,  division  1 18 

district  clerk  may  take,  section  99,  49 

Age  of  children,  attendance  at  school  compulsory,  section  174 84 

attending  free  schools,  sections  131,  142,  66,  71 

detention  schools,  section  2,   153 

exempted  from  school  attendance,  section  174,  85 

kindergarten  schools,  section  161, 81 

night  schools,  section  164,   82 

Agricultural  college,  appointment  of  students  for,  section  i, 159 

appropriations  for,  section  5,   162 

candidates  examined,  when,  249 

examinations  for,  section  2,  160 

fee,  no  admission  charge,  section  3 163 

instructors,  section  4, 162 

scholarships  in,  section  i, 159 

short  courses,  section  I,  162 

students,  sections  1-4,  159 

subjects  taught,  section  2 162 

Agriculture,    expenses,  how  paid,  section  3,    150 

manual   training  and  home  economics,   appropriation   for, 

section  i,  149 

rules  and  regulations,  section  2,  149 

summer  courses  of  study,  section  2,  149 

Alcoholic  drinks  and  narcotics,  effects  of,  to  be  taught  in  all  schools, 

section  259,    132 

Annexation,  municipalities,  section  42,  23 

(253) 


254  INDEX. 

PAGE. 

Annual  district  meetings  in  townships,  section  88,   41 

or  special  meetings,  vote  by  ballot,  section  105, 53 

report  of  condition  of  public  schools  to  be  printed,  section  60,  ..  28 

Commissioner  of  Education,  section  24,  : . . .  16 

county  superintendents,  section  31,  19 

district  boards,  to  county  superintendent,   section  95, 

division  XIII,  47 

district  clerks,  section  100,    50 

school  fund,  made  to  Legislature,  section  197,   93 

State  Board  of  Education,  section  5, 10 

State  prison  school  board,  section  8,  152 

superintendent  of  schools,  section  73 32 

Annuitants,  teachers'  retirement  fund,  section  242,  118 

Appeals,  Commissioner     of     Education,     sections     n,     15,     118,     rules 

i-5,    12, 13,  62, 195 

copies  of  rules  to  be  filed  in  office  of  commissioner,  rule  6, 197 

hearing  of,  rules  I,  5,    195 

how  and  when  taken,  rule  2, 196 

points  shall  be  filed,  rule  3,  196 

State  Board  of  Education,  section  3,  division  IV,   n,   15,   18, 

8, 12,  13,  14 

Application  for  retirement  with  annuity,  section  242, 119 

Appointment,  assistant  commissioners  of  education,  section  7,  division  II,  10 

superintendents,  sections  65,  66,  32 

assistant  to  hear  and  decide  controversies,  section  7,  divi- 
sion VI,    ii 

boards  of  education,  members  of,  section  45, 25 

in  cities,  sections  45,  52, 24,  26 

township,    town    or    borough    dis- 
tricts, section  30,  division  IV,  . .  18 
for  union-graded  schools,  section  149, 

divisions  I,  II,   75 

boards  of  school  estimate,  section  79,  34 

business  manager,  sections  56,  76,  27,  33 

children's  guardians,  state  board  of,  section  i, 166 

city  school  boards,  section  45,  24 

superintendents,  sections  56,  70,  71,  27,  31,  32 

clerks  in  secretary's  office,  section  63, 29 

to  superintendents  of  schools,  section  73, 32 

Commissioner  of  Education,  section  6,  10 

county  boards  of  examiners,  section  37,  20 

superintendents,  section  3,  division  II,  17,  27,  .  .  .8,  14,  17 

custodian  of  school  moneys,  section  153,  76 

district  clerks,  by  boards  of  education,  section  100,  49 

examiners,  county,  section  37,  20 

State,  section  36,   20 


INDEX.  255 

PAGE. 

Appointment  by  Governor,  of  board  of  trustees  for  industrial  schools, 

section  4,    146 

members  of  board  of  education,  for  a  new  township,  sec- 
tion 30,  division  IV,  18 

president  and  vice  president  of  boards  of  education,  sec- 
tion 94,   44 

principals,  sections  57,  97,  117,   27, 48,  81 

regulators  of  night  schools,  section  169,   83 

secretary  State  Board  of  Education,   sections   i,  7,  divi- 
sion I,   7,  10 

State  Board  of  Children's  Guardians,  section  i,  166 

examiners,  section  36,   20 

students  for  agricultural  college,  section  i,  159 

superintendents  of  schools,  sections  33,  70, 19,  31 

supervising  principal,  section  96,  47 

for    union-graded    schools,    section 

149,  division  V,  78 

supervisor  of  elementary  education,  section  7,  division  IV,  n 

industrial   education,   section  7,   division  V,  n 

secondary  education,  section  7,  division  III,  10 

teachers,  sections  57,  74,  95,  division  II,  97,  117,.  .27,  32,  45,  48,  61 

truant  officers,  section  176, 86 

trustees  of  industrial  schools,  section  4,   146 

vacancies  filled,  section  95,  45 

Af portionment,  annual,  school  fund,  section  198,  93 

balances,  sections  40,  205,  206,  22,  101,  208 

counties,  by  State  Comptroller,  section  200, 94 

detention  schools,  county  superintendent  to  make,  sec- 
tion i,  152 

high  schools,  192 

new  district,  section  44,   24 

night  schools,  section  164, 82 

railroad  tax,  sections  292-295,   141 

reserve  fund,  section  202, 96 

State  Comptroller,  State  school  tax,  section  200,  94 

school  moneys,  amount  per  supervisor,  assistant  super- 
visor, teacher,  pupil,  etc.,  section  205,  98 
by  commissioner   of  education,   section 

21,   15 

by  county   superintendent,   section    155,  78 

to  counties,  section  21, 15 

State  school  tax,  section  200,   94 

tax,   retention  of,  by  county  superintendent,   sec- 
tion 201,   95 

when  made  to  counties,   249 

union-graded  schools,  section  155,  78 


256  INDEX. 

PAGL-. 

Appropriations,  balance  from  State,  section  40,  22 

city,  sections  79-92,  34 

colored  industrial  school,  section  228,   no 

compulsory  attendance  at  school,  section  174, 84 

detention  schools,  section  i,   152 

determined  by  board  of  school  estimate,  section  81, 35 

evening  schools,  section  167,   82 

for  foreign-born  residents,  section  166,  82 

fund  for  support  of  public  schools,  section  188,  90 

industrial  schools,  sections  I,  i, 145, 147 

institutes,  section  258, 132 

insurance  money,  section  147,  74 

kindergartens,  section  163,   81 

land  and  buildings,  section  82,  36 

libraries,  school,  section  233,  112 

teachers',  section  236,  113 

manual  training,  section  230,   no 

night  schools,  section  167,  82 

outhouses,  section  143,  72 

penalty  for  exceeding,  section  31,   165 

railroad  tax, 141-144 

State  fund,  section  200,  94 

limit  of,  section  167,   82 

prison  school,  section  7,  151 

school  fund,  sections  192,  198,  91,  93 

summer  school,  section  i,  149 

surplus  revenue,  section  257,  131 

teachers'  retirement  fund,  section  250,  124 

text  books,  section  171,  84 

townships,  sections  83,  104-106,  38,  51 

union  graded  schools,  section  154,  division  III,   77 

validated,  section  81,  138 

withheld,  sections  19,  44,  142,  14,  24,  71 

Approval  of  high  schools,  rules  1-7, I91 

plans  and  contracts,  section  145,  73 

Arbor  day,  sections  261-263,  132 

Armories,  use  of,  by  school  children,  section  282 138 

Assessment,  State  school  tax,  section  200,  94 

executions  to  satisfy  section  66,  133 

school  tax,  cities,  sections  81,  82,  35>  36 

townships,  sections  104,   109,   154   division  III, 

266,    5i,  56,  76, 133 

Assessor,  assess  property  to  pay  bonds  and  interest,  section  109, 56 

returns  to  collector,  when  made,  249 

and  collector  of  taxes,  section  104,  52 

Assessors,  county  collector  to  make  statements  before  boards  of,  section 

200,  95 


INDEX.  257 

PAGE. 

Assistant  Commissioners  of  Education,  appointment,  section  7,  division 

II,    10 

division  VI,  1 1 

superintendents,  appointment  of,  section  71,   32 

apportionment  for,  section  205,  division  I ....  99 

qualifications,  section  72,   32 

removal  of,  section  71,  32 

salary,  section  71,  32 

Attendance,  pupils,  regular,  sections  174,  205, 84,  98 

schools,  rules  1-5,  189 

of  witnesses,  section  3,  division  XII, 9 

Attorney-General  to  approve  bonds  issued  by  school  districts,  sections 

108,  158,  56,  80 

Audit  of  claims,  sections  67,  68,  30 

Auditor  to  examine  accounts,  claims,  etc.,  section  68,  30 

B. 

Balances  paid  county  county  collector,  section  no,  57 

Ballot,  appropriations  at  district  meetings  voted  by,  sections  90,  105,.  ...43,53 

boards  of  education,  elected  by,  section  89, 42 

bonds,  voted  by,  section  105, 53 

boxes  to  be  used  in  certain  cases,  section  90,  43 

consolidation  of  districts,  vote  by,  section  112,  57 

union-graded  schools,  vote  for,  section  148,  74 

Bids  and  contracts,  sections  59,  78,  28,  34 

Bills,  itemized,  section  99,  48 

payment  of,  in  cities,  sections  66,  67,  68,  v. 29,  30 

townships,  sections  98,  99,  48 

Blanks  for  school  officers,  Commissioner  of  Education  to  furnish,  sec- 
tion 23,  16 

Board  of  children's  guardians,  State,  sections  1-13, : . .  166-171 

education  (see  cities,  townships,  State  prison  school  and  union- 
graded  schools), 
examiners,  members  of   State,   term  of   office,  compensation, 

etc.,  section  36, 20 

county  boards,  qualifications,  duties,  compensation, 

vacancies,  etc.,  section  37,   20 

school  estimate,  sections  79-82,  84,  85,  34,  35,  36, 38,  39 

Body  corporate,  city  school  district,  section  51, 26 

Bond,  auditor  in  cities,  section  68,    30 

Bonds,  borrow  money  on  school,  section  82, 36 

business  manager,  section  76,   33 

cancellation  of,  section  no,  57 

city  school  districts,  amount  of,  section  82,    36 

coupon  or  registered,  sections  82,  276, 36, 136 

interest  on,   section  82,    30 

17   S  I, 


258  INDEX. 

PAGS. 

Bonds,  city  issue,  how  ordered,  section  82,  36 

sinking  fund  for,  section  82,    36 

consolidated  districts,  issued  by,  section  116,  60 

custodian  of  school  moneys,  sections  153,  207,    76, 103 

district   clerk,    section    100,    49 

coupon,  changed  to  registered,  section  99, 93 

or  registered,   section  82,    36 

districts   may   issue,    sections    105,    106,    53, 54 

interest  on,   section  82,    36 

industrial  school,   section  2, 148 

issued  by  any  school  district  a   lien  on  all  property   in  district, 

section    108,     56 

payment  of,  tax  for,  section  109,  56 

proceedings,  approved  by  attorney-general,  section  108,    56 

copy    to   be    filed    with    commissioner    of    education, 

section   108,    56 

registry  of,  section  106,   54 

renewal  of,  section  107,  55 

sale  of,  sections   106,  278,   55, 137 

security  for,  section   108,    56 

secretary  board  of  education,  section  62,  29 

school  of  detention,  issue  of,  section  5,   155 

school  districts  may  sell  to  trustees  for  support  of  public  schools, 

section    277,     137 

tax  for,  section  109,  56 

teachers'  retirement  fund,  section  240,  115 

union  graded  schools,  sections   158-160,   79, 80 

Bookkeeping,  uniform  system  for  districts,  section  3,  division  VIII,....         y 

Borrow  money  on  notes,  section  61,  28 

school  bonds,  section  82,   36 

Business  manager,  sections  76-78,   33 

Body  corporate,  city  school  district,  section  51,    26 

trustees  of  industrial  schools,  section  7,  147 

Buildings,  approval  of  plans   for  school,  sections   144,   145,    72, 73 

bids  for,  in  new  districts,  section  40,  21 

bonds  for,  cities,  section  82,   36 

townships,  sections  90,  105-111,  43,  53 

business  manager  to  supervise,  sections  77,  78,   33 

condemnation  of  lands  for,  sections  53,  95,  division  V,   ....26,46 

contracts  for,   sections  58,  59,  78,    27,  28,  33 

destroyed    by    fire,    section    147,    ~3 

damage  to,  by  pupils,   section   135,    68 

detention  schools,  section  i,  i52 

doors  to  open  outwardly,   section  146,    73 

examination  of,   section   144,    73 

industrial  schools  in  cities,  section  i,    148 

insurance  on,   sections  95,   147,  division  VI,    46,73 

industrial,  section  i,   145 


INDEX.  259 

PACI:. 

Buildings,  inspector  of,  section  3,  division  VI,  8 

janitors,  section  95,  division  II,    45 

mortgage  on,  section  95,  division  IV,  45 

outhouses,  section  143, 72 

penalty  for  failure  to  provide,  section  142,  71 

plans,  approval  of,  sections  144,  145,   72,  73 

in  cities,    section   78,    33 

commissioner  of  education  to   cause  to  be  prepared, 

section    144,    72 

repairs  to,   sections   58,  59,   78,    27, 28, 33 

suitable,  must  be  furnished,  section  142,  71 

supervision  of,  sections  77,  78,  95,  division  IV,  33~45 

tax  for,  section  104,   51 

title  to,   sections  41,  54,  55,  86,  division  VI,    22,26,46 

union-graded  schools,  section  154,  division  III,  158-160, 77,79 

use  of  for  other  than  school  purposes,  section  95,  division  XI,      47 

unused  school,  sections  I,  2,   158 

Business  manager,  appointment  of,   sections  56,  76,    27,33 

bond  of,  section  76,   33 

buildings,  to  supervise,  sections  77,  78,   33 

duties,  sections  76,  77,  78,   33 

salary,    sections   56,    76,    27, 33 

term  of  office,  section  56,  27 

By-laws,  city  boards  to  adopt,  section,  57,  27 

State  Board  of  Education  to  adopt,  section  3,  division  I,  8 

township  boards  of  education,  section  95,  division  III,    45 


C. 

Calendar  for  school  elections  and  duties, 248 

Census   enumerators,   section  207,    134 

Certificates,  age  of  applicant  for,  rule  2,  175 

appointment,  .section   45,    24 

amount  of  school  estimate,  section  81,   35 

assessor,  to,  section  104,   52 

board  of  health,  section  136,    69 

classes  of,  section  6,   176 

boards  of  examiners,   section  38,    21 

city  requirements   for,   section  3,   division  V,  38,  260,.  .8, 21,  132 

city  superintendents  to  hold,  section  72,    32 

college  diploma  accepted,  rule  23,  178 

contract  invalid  unless  teacher  holds,  section  117,  rule  I,  .  .66, 175 
county  requirements  for  section  3,  division  V,  37,  260.  .8,  20,  132 

county  superintendent  to  hold,  section  27,  17 

definition    for   purposes   of    certification,    177 

detention  schools,  section  3,    154 

elementary,  rules  9,  26,    176,  179 


2<5o  INDEX. 

PAGE. 

Certificates,  election  for  union-graded  schools,  section  148,   74 

employed,  children,  section  174,  85 

evening  schools  for  foreign-born  residents,  section  293....     142 

examination  percentage,  rule  3,  , 175 

examinations,  conduct  of,  rule  60,    183 

dates  and  places  for  rule  20,   178 

district  clerk,  rule  70,    184 

identification  of   applicants,   rule  66, 183 

order   of,    185 

plan  of,    182 

readers,  rule  58,  63,  182,183 

preparation  of  questions,  rule  59,   183 

records,  rule  67,    184 

graduation  in  agriculture  and  manual  training,  valid  to  teach, 

section  2,  149 

indorsement  of,  rule  21,   178 

kindergarten  teachers,  section  162,  rules  15,  43,   81,177,181 

language,  rule,  52,   182 

manual  training,  rule  46,  182 

music,  rule  50, 182 

normal   school, 182 

diploma,   rule  22,    1 78 

graduates,  rule  9,   176 

perecentage  required,  rules  3,  13,  175, 176 

permanent  rules,  29,  34,  36,  41,  179, 180,  181 

physical  training,  rule  71,  185 

provisional,  rules  12-14,  176 

renewal  of,  rules  4,  5,    175 

rules  for  granting,  section  3,  division  V,  rule  I,  8,  175 

secondary,  rule  9,  176, 180 

limited,  rule  31,   180 

permanent,  rule  34,  180 

special,  rule  9,   176 

limited,  rule  38,  181 

permanent,  rule  41, 181 

State  board  of  examiners,  may  revoke   rule  10,  1/6 

State,  by  endorsement,  rule  21,   • 178 

by  examination,  rule  23, 178 

State,  requirements  for,  sections  36,  260,  rule  21, 20, 132, 178 

State  prison  school,  section  4,  151 

summer  schools,  rule  24,   178 

suspension  of,  section  119,    63 

supervisors,  rules  i,  9,  n,   I75»  X76 

limited,  rule  35,  180 

permanent,  rule  36, 181 

teachers,  must  hold,  sections  124,  129,  rule  i, 64,  66, 175 

kindergarten,  section  162,   81 

testimonials  to  be  filed,  rule  2,   175 


INDEX.  261 

PAGE. 

Certificates,  union-graded  schools,  election,  section   148,    74 

vaccination,    section    136,    68 

Charges  or  reduction  of  salary  of  principals  or  teachers,  section  127,  ....       65 
Children's  guardians,  State  board  of,  appointed  by  Governor,  section  I,     166 

power  and  duty  of,  sections  3,  4,     167 

expenses,  sections  I,  7,   167, 169 

funds  provided  by  chosen  freeholders,  section  6,     169 

wards  of,  section  8,   169 

City  school  boards,  appointment  of,  section  45,  24 

districts,  article  VI,   j 24 

assistant  superintendents,  section  71,  32 

auditor  of,  section  68,  30 

boards  of  education  body  corporate,  section  51,  ....       26 

may  sue,  condemn  land,  etc.,  section  53, 26 

board    of    education    advertise   proposals    for   sup- 
plies, section  58,  27 

rules  and  regulations,   173 

superintendent  and  secretary,  sections  56,  62,  63,  64, 

65,  66,  69,  70,  73,  27,  28,  29,  30,  31 

schools,  supervision  of,  section  33,  19 

Claims,  payment  of,  section  67,  30 

audited,  section  68, 30 

Clerical  assistance  to  commissioner  of  education,  section  13,  13 

Clerk  for  county  superintendent,  section  35,  19 

Cities,  advertisement  for  buildings  and  supplies,  sections  58,  59,  27,28 

appropriations,  sections  79,  81,  82,    34,  35,  36 

•withheld,  sections  20,  142,    15,  71 

Arbor  Day,  observation  of,  section  261,  132 

Article  XXVI,  referendum,  acceptance  of,  section  252, 129 

VI,  acceptance  of,  section  272,  135 

assistant  superintendents,  sections  71,  72,  205,   32,  99 

attendance  of  pupils,  sections  174,  205,   84,  98 

auditor,  section  68,    30 

balances,  section  206,    101 

bills,  how  paid,  sections  66-68,  29,  30 

board  of  school  estimate,  section  79,  34 

powers  of,  sections  80,  81,  35 

secretary,  section  79,  35 

boards  of  education,  appointment,  section  45,  24 

body  corporate,  section  51, 26 

by-laws  of,  section  57, 27 

compensation,  section  50,  26 

contracts,  not  to  be  interested  in,  section  47,      25 

teachers,  sections  117,  118,   61,62 

incorporation  of,  section  51,  26 

oath  of  office,  section  48,  25 

organization,  section  52,    26 

l8  S  L 


262  INDEX. 

PAGE. 

Cities,  boards  of  education,  penalty    for    violation    of    law,    sections    ig, 

49,    14,  25 

powers  of,  sections  52-82,  117,  118,  172,  186, 

267,    26,  61,  62,  84,  89, 134 

president,  section  52,    26 

qualifications  of,  section  47, 25 

removal,  section  49,  25 

report,  section  60, 28 

seal,  section  51,  26 

secretary,  sections  56,  62, 27,  29 

term  of,  sections  45,  46,  24,  25 

title  to  property,  section  55, 26 

vacancies,  section  45,  24 

vice-president  of,  section  52,  26 

bond  of  business  manager,  section  76,   33 

secretary,  section  62,    29 

bonds  for  school-houses,  section  82, 36 

borrow  in  anticipation  of  tax,  section  61,  28 

buildings,  condemnation  of,  section  142,   71 

contracts  for,  sections  58,  59,  27,  28 

plans  for,  section  78,  33 

business  manager,  appointment  of,  sections  56,  76,  27,  33 

bond  of,  section  76,  33 

duties  of,  sections  76-78,  33 

salary,  sections  56,  76,  • 27,  33 

term  of  office,  section  56,  27 

census,  may  take,  section  267,    • 134 

certificates,  section  3,  division  V,  38 8,  21 

clerks,  how  appointed,  sections  63,  73,  77,  29,  32,  33 

colored  children  not  to  be  excluded  from  schools,  section  140,  ...       70 

condemn  land,  section  53, 26 

contagious  diseases  in  schools,  section  136,  68 

schools  closed,  section  138,  69 

contracts,  advertisement  for,  sections  58,  59,  62,   27,  28,  29 

how  awarded,  section  59,  28 

penalty  for  officials  being  interested  in,  section  32,  ....     165 

teachers,  sections  117,  118,  rule  i,  61,  62,  188 

corporal  punishment,  section  123,   64 

corporate  name,  section  51,    26 

course  of  study,  sections  74,  259 32,  132 

custodian  of  school  moneys,  section  68,  article  XVIII,  30,  102 

damage  to  school  property,  section  135, 68 

evening  schools,  sections  164,  165,   82 

foreign-born  residents,  section  166,  82 

examinations,  section  3,  division  V,  38 8,  21 

executions,  section  266,    133 

flag  day,  section  265,  133 


INDEX.  263 

PAGE. 

Cities,  flags  for  school-houses,  section  256,  131 

high  schools,  rules  1-7,  191 

holidays,  sections  121,  264, 63, 133 

insurance,  section  95,  division  VI,   46 

institutes,  rules  1-5,  187 

kindergartens,  section  161,  81 

libraries,  article  XXIV,  rules  1-2,  113,  190 

manual  training,  article  XXI,  section  i,   109,  149 

medical  inspector,  section  225,   130 

outhouses,  section  143,   72 

parental  schools,  sections  182-186,   88 

penalty  for  violation  of  law,  sections  19,  44,   14,  24 

illegal  use  of  school  moneys,  section  254, 130 

pension,  teachers',  section  242,  1 18 

plans  for  school-houses,  sections  78,  144,  145,  33,  72,  73 

property,  title  to,  sections  41,  53,  54,  55, 22,  26 

pupils,  admission  of,  sections  139,  161,  70,  81 

ages,  of,  sections  131,  161,  164, 66,  81,  82 

attendance  reported,  section  205,  101 

compulsory,  sections  174-187,  84 

excluded  from  school,  sections  136,  137,  140, 68,  69,  70 

expulsion  of,  section  135,  68 

non-resident,  section  131,  66 

suspension  of,  sections  122,  135, 63.  68 

transfer  of,  section  133,  67 

transportation,  section  132,   67 

tuition  fees,  sections  65,  131,  134,   29,  66,  67 

vaccination,  sections  136,  137,   68,  69 

religious  service,  section  125,  64 

reports,  sections  32,  60,  65,  69,  205,   19,  28,  29,  31, 98 

school  district,  section  39,   21 

month,  section  117,   61 

term,  section  44,   24 

year,  section  268, 134 

secretary,  appointment  of,  sections  56,  62,  27,  29 

bond  of,  section  62, 29 

clerks  may  appoint,  section  63, 29 

contracts  with  teachers,  to  file,  section  117, 61 

duties,  sections  45,  63-66,  69,  79,  208, 24,  29,  31,  34,  103 

removal  of,  section  62, 29 

report  of,  sections  65,  69,  29,  31 

salary  of,  sections  56,  62,  27,  29 

term  of  employment,  section  56,  27 

tuition  fees,  section  65,   29 

sinking  fund,  custodian  of,  section  210,  105 

superintendent,  appointment  of,  sections  56,  70,  27,  31 

apportionment  for,  section  205,   98 


264  INDEX. 

PAGE. 

Cities,   superintendent,  arbor  day  program,  section  261,  132 

assistant  may  nominate,  section  71,  32 

clerks  may  appoint,  section  73,  32 

duties  of,  sections  70-75,  31 

qualifications,  section  72,  32 

removal  of,  section  70,  31 

report  of,  sections  32,  73, 19,  32 

salary  of,  sections  56,  70, 27,  31 

teachers,  may  suspend,  section  75,  33 

teachers'  report  to  certify,  section  120,  63 

term  of  office,  section  56, 27 

supplies,  advertisement  for,  section  58,  27 

teachers,  appointment  of,  sections  57,  74,  117, 27,  32,  61 

certificates  for,  section  3,  division  V,  38, 8,  21 

contracts,  sections  117,  118,  121,   61,62,63 

corporal  punishment  prohibited,  section  123,  64 

evening  schools  for  foreign-born  residents,  section  166,  .       82 

excluded  from  school,  section  136,   68 

holidays,  sections  121,  264,   63, 133 

institute,  section  258,  132 

jury  duty,  section  126,  64 

pension  for,  sections  130,  242, 66,  118 

pupils,  authority  over,  section  122,  63 

register,  to  keep,  section  120, 63 

removal  of,  sections  57,  74,  118, 27,  32, 62 

report  of,  section  120,  63 

rules  for  employment,  section  117, 61 

salaries  of,  sections  20,   117,   118,    120,   121,   124,  article 

XXVI,  rule  i,    15,61,62,63,64,188 

suspension  of,  section  75,  33 

term,  school,  section  44, 24 

text-books,  sections  58,  74,  171,  172,   27,  32,  84 

title  to  school  property,  sections  41,  53,  54,  55,  22,  26 

transfer  of  pupils,  section  133,  67 

transportation  of  pupils,  section  132,  67 

truant  officers,  section  176, 86 

tuition  fees,  sections  65,  131,  134,  142,  29,  66,  67,  71 

vaccination  of  pupils,  sections  136,  137,  68,  69 

warrants,  how  issued,  sections  67,  68,  30 

City  superintendent,  agricultural  college,  hold  examinations  for,  section 

2,   160 

appointment  of,  sections  56,  70,  27,  31 

apportionment  for,  section  182,  division  I, 98 

assistant,  may  nominate,  section  71,  32 

duties  of,  sections  71-75,  32 

qualifications,  section  72,   32 

removal  of,  section  70,  31 

report  of,  sections  32,  73, i9>  32 


INDEX.  265 

PACE. 

City   superintendent,  salary  of,  sections  56,  70,   27, 31 

teachers,  may  suspend,  section  75,  35 

teacher's  report  to  certify,  section  120, 63 

term  of  office,  section  56, 27 

Commissioner  of  education,  administer  oaths,  section  9,   12 

affidavits,  may  take,  section  25, 16 

annual  report  to  State  board,  section  24,. ...       16 

appeals,  section  n,   12 

appointment  of,  term  and  salary,  sec- 
tion 6,  10 

apportion  school  moneys,  section  21,    15 

approve  order  for  payment  of  moneys  with- 
held, section  142,  72 

blanks  to  be  furnished  school  officers,  sec- 
tion 23,  16 

certified  copies  of  record  of  proceedings  in 
bond  issues  to  be  filed  with,  sec- 
tion 158,  80 

condemn  school  buildings,  section  144,   73 

construction  and  furnishing  of  schools,  sec- 
tion 14 13 

county  superintendent's  salary  withheld  for 

cause,   section    18,    14 

decide   controversies    arising    under    school 

laws,  section  15,  13 

employ  clerical  assistance  and  fix  compensa- 
tion, section  13, 13 

expenses  of  county  superintendents  paid  on 

order  of,  section  29,  26 

keep  a   record  of  official  acts,  etc.,   section 

16,     14 

moneys  for  evening  schools,  section  167,  . .       83 

office   provided   for,    section    12,    12 

powers  of,  section  7,   10 

power  to  designate  secretary  of  State  board, 

section  7,  division  I,   10 

to  appoint  assistants,  section  7,  divi- 
sion II,    10 

to  designate  supervisor  of  secondary 

education,  section  7,  division  III,       10 
to  designate   supervisor  of  elemen- 
tary education,  section  7,  division 

IV,    ii 

to  designate  assistant  as  supervisor 
of  industrial  education,  including 
agriculture,  section  7,  division  V,  11 
to  designate  assistant  to  hear  con- 
troversies and  disputes,  section  7, 
division  VI,  1 1 


266  INDEX. 

PAGE. 

Commissioner  of  education,  power  to  hold  meetings  of  county  and  city 

superintendents,  section  7,  division 

X, ii 

to  prescribe  examination  for  grad- 
uation from  grammar  schools, 

etc.,  section  7,  division  VII,    11 

to  prescribe  course  of  study  for  ele- 
mentary schools,  section  7,  divi- 
sion VIII,  : ii 

to  prescribe  method  to  ascertain 
children  below  normal,  section  7, 

division  IX, 1 1 

to  withhold  school  moneys,   section 

7  division  XI,  12 

published  report  of,  section  40 22 

remit  penalties,  section  44,   24 

report  of  county  superintendent  to, 248 

report  to  State  board  once  a  month,  section 

7,  division  XII,  12 

reports  made  to,  sections  31,  32,  73, 19,  32 

reports  of  private  schools,  section  22,   16 

request  standard  plans  for  school  buildings 

to  be  prepared,   section   144,    72 

salary  withheld  from  teacher,  section  20,   ..       15 
secretary   of    State    board    and    member    of 

board  of  examiners,  section  14,  13 

seal,    records,   etc.,   to   be   delivered   to   suc- 
cessor, section  26,  17 

special  report  by  boards  of  education,   sec- 
tion 168,  83 

State   school  moneys  withheld  for  non-per- 
formance of  duty,  section  19,   14 

supervision    of    all    schools    of     the     State, 

section    14,     13 

suspend  certificates  of  teachers,  section  119,       63 

take  affidavits,  etc.,  section  25,   16 

title  of  office  defined,  section  10,  12 

trustee  of  school  fund,  section  8,  12 

United  States,  school  records  accessible  to, 

section   34,    19 

vacancy  in   office  of   county  superintendent 

filled  by,  section  17, 14 

Collection  of  tax  to  pay  bonds  and  interest,  section  109, 56 

Collector  of  taxes,  compensation,  section  104, 52 

Collectors,  pay  moneys  to  custodian,  section  160,   81 

Commissioner  of  Labor,  truancy,  etc,  section  179,   87 

Compensation,    board    of    examiners,    section    37,   20 

magistrates,  section  187,   90 


INDEX.  267 

PAGE. 

Compensation,     members     boards     of     education     in     school     districts, 

-Action    50,    26 

members   State   board,    section  4,    10 

truant  officers,   section   176,    86 

trustees  of   industrial  schools,  section  5 147 

trustees  for  support  of  public  schools,  section  192,....       91 

Complaint,   truancy,  sections   180,   187,    88, 89 

Comptroller's  warrant  to  county  collector,  section  203,    97 

Compulsory  education,  sections  174,  179,  84,  87 

Continuance  of  officials  for  full  term,  section  271,   134 

Controversies  to  be  decided  by  commissioner  of  education,  section  15,. .       13 
Condemn    land    for    school     purposes,     union-graded     schools,    section 

154,    division    II, 77 

Condemnation  of  land   for  school  purposes,  by  whom,   sections  53,  95, 

division  V,    104,    26,46,51 

Consolidation  of  districts,  sections  112,  113,  115, 57,  58,  59 

Contagions  diseases,  vaccination  imperative,  section  136,  rule  4,   69,193 

Contracts  for  building  and  repairs,  section  59,  also  foot  note,  28 

with  teachers,  section  117,  61 

officials  not  to  be  interested  in,  section  32, 165 

Conveyance  of  school  property  for  nominal  sum,  section  i, 157 

Corporal  punishment  forbidden,  section  123,  64 

Corporate  name  of  boards  of  education,  section  93,  43 

board  of  union-graded  school,  section  152, 76 

County  collector,  balances  paid  to,  section  206,    101 

neglect  of  duty,  section  201, 95 

payments  of  school  tax  to  State  Treasurer,  section  201,      95 

statement  before  boards  of  assessors,  section  200, 95 

to  hold  money  in  trust,  section  204, 97 

to  withhold  school  moneys,  section  7,  divisions  XI,.  ...       12 

Course  of  study  for  elementary  schools,  section  7,  division  VIII, n 

grammar  schools,  section  174,  85 

night  schools,  section  166,  82 

promotion  to  higher  grade,  etc.,  sections  134,  142,  67,  71 

and  text-books,  section  95,  division  VII,  46 

Coupons,  stamp  on  bonds,  section  199, 93 

Custodian  of  school  moneys,  as  to  tuition,  etc.,  section  134, 68 

evening  schools,  section  167,  83 

to  give  bonds,  section  208,  103 

must  make  report,  section  212, 105 

manual  training,  section  230, in 

retention    of    moneys    by    county    superin- 
tendent, section  201,  96 

one  in  each  district,  sections  207,  208, 102,  103 

of  school  district  to  certify  balance,  if  any, 

section  40,   22 

in  union-graded  schools,  sections  153,  160,.  .76,81 


268  INDEX. 

PAGE. 

County  superintendent,  affidavits,  may  take,  section  30,  division  I,   18 

agent,  must  not  act  as,  rule  5,   186 

annual    report    to    commissioner    of    education. 

section   31,    19 

appointment  of,  section  3,  division  II,  27,   8,17 

appoint  examiners,   section  37,    20 

appoint  members  of  boards  of  education,  section 

30,  division   IV,    18 

appoint  president  and  vice-president,  section  94,  44 
appoint  time  for  holding  semi-annual  meetings 

of  boards  of  education,  section  102,    50 

apportion  school  moneys,  section  40,   22 

balances,  to  apportion,  section  40,    22 

certificate,  must  hold   State,   section  27,    17 

clerical   assistant,    section  35,    19 

condemn  school  buildings,  section  142,    71 

consolidation  of  districts,  sections  112,  115,  ....57-59 
course  of  study  to  prescribe,  section  95,  division 

VII,     46 

distribute    documents,    forms,   circulars   and   in- 
structions,  rule  2,    186 

duties,  penalty  for  non-performance,  section  18,  14 
establish  uniform  course  of  study  and  a  stand- 
ard of  graduation,  rule  7,   186 

establish  county  pedagogical  libraries,   rule  8,.  .  187 

expenses  paid,  section  29,  17 

examination  for  position  of,  rule  10, 187 

flag  day,  report  as  to  observance  of,  rule  n,  . . .  187 
issue    orders    for    school    moneys,    section    30. 

division    II,    18 

library,   establish   county  pedagogical,    rule  8,..  187 

local  officers  to  report  annually,  section  32,   ...  19 
may   withhold   moneys   for  neglect   of    duty  by 

collectors,  section  201,  95 

meet  county  boards  twice  a  year,  rule  6,   180 

office  provided  for,  by  board  of  freeholders,  sec- 
tion 34,    19 

powers    of,    sections    19,    30,    37,    112,    133,    142, 

155,  157,  201,   J4, 18,  20,  57,  67,  71,  78,  79, 95 

preserve  reports  of  school  officers  and  teachers, 

and   examination  papers,   rule  4,    186 

president  of  board  of  education,  appoint,  94,   .  .  44 

qualifications,   section  27,    17 

removal  of,  section  3,  division  II,    8 

reports  of  local  officers  to,  section  32,   19 

rules    governing,     185,  187 

salary,    sections    18,    28,    192,    14.  r/,  91 


INDEX.  269 

PAGE. 

County  superintendent,  State   school  tax,  to  withhold  in  certain  cases, 

section   19,    14 

supervision  of  schools,  section  33,   19 

term  of  office,  sections  17,  27,  14,  17 

transfer  of  pupils,  sections  132,  133,  67 

union-graded  schools,  sections  148,  149,   74,  75 

vacancy,  how  filled,  section  17,  14 

vice-president,  to  appoint,  section  94 44 

visit    schools,    rule    i,    185 


D. 

Damage  to  school  property,  section  135,  08 

Deaf  children,  sections  141,  224,  225,  71,  108 

Decisions,  record  to  be  kept,  section  16,   14 

Deficiency  in  school  fund,  section  198,  93 

Detention  schools,    152,  157 

Diplomas,  district  normal  school,  section  38,  21 

Disbursements  by  boards  of  education,  section  68,   30 

Dismissal  of  teacher,  section  118,   62 

Disorderly  persons,  sections  175,  178,  4,   86,  87, 163 

District  boards  to  report  to  county  superintendent,  section  205,    98 

District  clerk,  accounts  to  be  kept,  section  100,   49 

affidavit,  section  99,   48 

appointment  of,  section  100,  49 

bond  of,  section  100,   49 

bonds,  registry  of,  section  106,  54 

certificate  of  tax,   section    104,    51 

elected  to  take  office  July  ist,   248 

forward  to  county  superintendent  copy  of  contract  with 

teacher,  rule  70,   184 

issue  orders   for  vaccination  at   public   expense,   section 

137,  69 

minutes  kept,  section  100, 49 

notice  to  assessor,  to  give,  section  109, 56 

notice  of  meetings  of  board  of  education,  section  100, . .       49 
legal   voters,   sections  87,   88,    100, 

112,   148,    40,41,49,57,74 

orders,  to  issue,  sections  100,  120,  134,  207, 49,  63,  67,  102 

penalty  for  failure  to  post  notices,   section  88 41 

report,  section  100,  49 

register,  to  certify,  section  120,   63 

report    of,    sections    32,    86,    division    XIII,     100,     in, 

rule  70,   19,  47,  49,  57,  184,  248 

salary,  section  100,    •. 49 

Supplies,  may  purchase,  section  99,   48 

teacher's  contract,  to  file,  section  117,  rule  70,  61,  184 


2;o  INDEX. 

PAGE. 

District  clerk,  teachers'     retirement     fund,    payments     to,     section    244, 

division  I,    120 

vaccination  of  pupils,   give  permit  for,   section  137,    ....       69 

meetings,   section   88,    41, 248 

normal  school  diplomas,  section  38,   21 

tax  for  school  purposes,  section  104, 51 

schools,  rules  and  regulations,  section  95,  division  III, 45 

Districts  consolidated,  sections  112,   113,  115,    57,  58,  59 

Doors  of  school-houses  to  open  outwardly,  section  146,  73 

E. 

Election,   union-graded   schools,    section    148,    74 

by  ballotxfor  members  of  boards  of  education,  section  89,   ....  42 

Elementary  certificates,  rule  26,  . 179 

education,  rule  16,  177 

school,  definition  of,  rule  16,  177 

Employed  children,  section  174,  85 

Employment  of  teachers,  section  117,  61 

Enumerators,  how  appointed,  section  267,  134 

Epidemics,  schools  closed  during,  section  138, 69 

Estimate  for  expenses  furnished  by  board  of  education,  section  80,  ....  35 

Evening  schools,  apportionment,  section  205,  101 

for  foreign-born,  residents,  section  166,  82 

Examiners,  county,    section   37,    20 

State  board  of,  section  36,  rules  58-71,  20,  182 

Examination  of  school  buildings,  section  144,  73 

Examinations,  minimum  prescribed,  section  7,  division  VII,  n 

order  of,    185 

State,  when  held,   248 

Exemption  from  jury  duty,  section  126, 64 

Exclusion  from  school  prohibited  on  account  of  religion,  nationality  or 

color,    section    140,    70 

Expenses,  agriculture,  manual  training,  etc.,  sections   I,  3,    149,150 

kindergartens,    section    163, 81 

night  schools,   sections   166,   170,    82, 83 


F. 

Farnum  preparatory  school,  control  and  management  of,  section  2, 8 

Financial  statement  of  district  clerks,   248 

township    collector,    248 

Fire,  destruction  by,   section  147,    73 

Flag  day,  section  265,  rule  11,   133,  187,  249 

Flags  for  school-houses,  section  256,   131 

Foreclosure  procedings,   section    194,    195,    

Foreign-born  residents,  night  schools,  section  166,   


LNDEX.  271 

1>AGE. 

Free  schools,  age  of  pupils,  section  131,  65 

fund  for  support  of,  5 

lectures,  163 

tuition  in  normal  schools,  section  213,  105 

Furnishing   school    buildings,    section    145 73 


G. 

Government  of  schools,  act  relating  to,  section  275,    136 

Grammar  schools,  course  of  study,  section  174,   85 


H. 

Holidays,  observation  of,  section  121,  rule  n,    63,  187,  249 

Hearing  upon  charges  against  principal  or  teacher,  section  127, 65 

High  schools,  apportionment  to,  rule  i,  192 

approved,  rules  1-7,   191 

attendance  of  unemployed,  section  184,  85 

diplomas,  rule  3,    I91 


Income   from   leases,   section    191,    91 

Indebtedness,  assumption  of,  section  42,    23 

Industrial  education,  supervisor  of,  how  appointed,  section  7,  division  V,  u 

school  for  colored  youth,  control  of,  section  226,   109 

schools,  appropriation  by  State,  sections  I,  i,  145,  147 

money  applied  under  direction  of  trustees,  section  2,  .  145 

Inspection  of  work  and  materials,  section  78, 34 

Inspector  of  accounts,  appointed  by  State  board,  section  3,  division  VII,  8 

buildings,  appointed  by  State  board,  section  3,  division  VI,  8 

Institutes,  teachers'  rules  for,  rules  1-5,   187 

Insurance  of  school  property,  section  95,  division  VI,  147,   46,  73 

Interest,  how  paid,  section  160,   8-1 

payment  of,  section  199,    93 

of  surplus  revenue,  section  257,  131 

Investments,  moneys  of  school  fund,  sections  192,  193,   91 

teachers'  retirement  fund,  section  240,   117 

Itemized  bills,  unlawful  to  pay  unless,  section  99,  48 


J. 

Janitor,  mechanics  and  laborers,  section  95,  division  II, 45 

Joint  school  district,  section  208,    104 

Judgments  against  school  districts,  payment  of,  section  266,   133 


272  INDEX. 

PAGE. 

Jury  duty,  exemption  from,  section   126,    64 

Juvenile  court,   section  6,    156 

offenders,   section    180,    88 


K. 

Kindergartens,  ages  of  pupils  in,  section  161,   81 

definition  of,  rule  15,   177 

expenses,  how  paid,   section  163,    81 

maintenance  of,  section  162,    81 

teachers  in,  section   162,    81 

L. 

Land  and  buildings,    appropriations    for,    section   82,    36 

condemnation  of,  for  school  purposes,  section  95,  division  V,  ....  46 

Law  applies  to  all  school  districts,  section  279,  137 

Leases,   income  from,   section   191, 91 

Length  of  school  term,  section  44,    24 

Libraries,  school,    appropriations  for,  sections  233-235,   112 

rules  governing,    190 

teachers,  sections  236,  237,   113 

Library  year,    249 

Lien  on  property,  bonds  issued  by  any  school  district,  section  108, 56 

Limit  of   State  appropriation,   section   167,    83 

Lincoln's  birthday,   section  264,    133 

Loan  on  mortgage,  section  196,    92 

Local  tax  for  industrial  schools,  section  3,  146 

M. 

Majority  vote  in  certain  cases,  section  97,   48 

Management  of  schools,  section  56,   27 

Manual  training,  appropriation  for,  sections  230,  I,  140,  149 

managers,    section    231,    in 

and  industrial  school  for  colored  youths,  Bordentown, 

N.    J.,    section   226,    109 

schools,   section    174,    85 

teachers,  section  205  (£),   100 

district  tax,   for  section   104 51 

Mechanics'  lien  law  (see  foot  note),  34 

Medical  examiner,  duties  of,  section  141,   71 

inspection,   rules   regulating,    193 

inspector,  salary,  section  154,  division  III,  77 

furnish  certificate  of  vaccination,  section  136,   68 

to  be  competent  physician,  section  255 130 


INDEX.  273 

PAGE. 

Meetings  of  county  and  city  superintendents,  section  7,  division  X, n 

State  board,  when  held,  248 

regular,  in  school  districts,  section  98,   48 

special,  of  legal  voters,  section  95,  division  X,  112,  46,  57 

Members  of  board  for  a  new  township,  section  30,  division  IV, 18 

Memorial  Day,  observance  of,  section  264,  133 

Misdemeanor  to  exclude  certain  pupils,  section  140,   70 

Moneys  held  in  trust  by  custodian,  section  208,  104 

Model  schools,  how  maintained,  section  218,  106 

Mortgage,  incumbrance,  section  195,  92 

investments,  section  193,   91 

loan  on,  section  196,  92 

Municipalities,  annexation,  etc.,  section  42,   23 

repayment  of   indebtedness,  section  43,    23 

N. 

New  school  districts,  section  40,    21 

township,  appointment  of  boards  of  education,  section  30,  division 

IV,    18 

Night  schools,  how  maintained,  section  164,  82 

foreign-born  children,  section  165,    82 

Normal  school,  district  diplomas,  section  38,  21 

schools,  control  of  grounds  and  buildings,  sections  214,  216,....  106 

pupils  must  declare  intention  to  teach,  section  217, 106 

title,  and  tuition,  section  213,  105 

Notice  of  district  meetings,  section  88,  42 

O. 

Oath  of  office,  section  94,  44 

members  of  boards  of  education,  section  48.  25 

Oaths  and  affidavits,  section  25,  16 

authority  to  administer,  section  128,  65 

by  whom  administered,  section  9,  12 

Obligations  assumed  by  new  districts,  section  41,  22 

Obscene  language,  cause  for  suspension,  section  135,   68 

Office  for  county  superintendent,  section  34,  19 

of  State  board,  sections  i,  n,   7,  12 

Officers  teachers'  retirement  fund,  section  240,    115 

Officials  must  not  act  as  agents  for  text-books  or  supplies,  section  173,  . .  84 
not  to  be  interested  in  contracts  for  buildings  or  supplies,  sec- 
tion  32,    165 

Official  seal,  section  95,  division  XII,  section  154,  division  IV,  47,  78 

Orders  for  school  moneys,  section  30,  division  II, i« 

Organization  of  boards  of  education,  section  52,  26 

board  of  union-graded  school,  section  153,   76 

school  boards,  section  94,  44 

Outhouses  or  water-closets,  must  be  provided,  section  143 72 


274  INDEX. 


p. 

PAGE. 

Parental  schools,  sections  182,  183,   185,  186,   88, 89 

Parents  liable  for  damage  to  school  property  by  children,  section  135, 68 

Patriotic  exercises,  certain  holidays,  section  264,   133,  249 

Payment  by  county  collector  to  State  Treasurer,  section  201, 95 

of  claims,  how  made,  section  67, 30 

judgments  against  school  district,  section  266,  133 

moneys  to  custodian,  section  209,   104 

Penalty  for  bribery,  sections  28,  30,   164 

exceeding  appropriation,  section  31,    165 

failure  of  collector  of  taxes  to  pay  over  same,  section  201,  ..  95 

improper  use  of  school  money,  section  254,   130 

not  sending  child  to  school,  section  179,   87 

officers  having  interest  in  furnishing  supplies,  section  29,  .  .  164 

refusing  to  obey  subpoena,  section  128,  65 

Pension  for  teachers,  principals  or  superintendents,  section  130 66 

Physiology  examination  in,   section  260,    132 

Plans  for  school  buildings,  section  144,   72 

and  contracts,  approval  of,  section  145,    73 

specifications  supervised,  section  78,  33 

Powers  of  boards  of  education,  section  95,   45 

commissioner  of  education,  section  7,  10 

county   superintendent,   section   30,    18 

district  boards,   section   95,    45 

State  board  of  education,  section  3,  divisions  I,  II,  III,  IV, 

V,  VI,  VII,  IX,  X,  XI,  XII,  XIII,  8,  9 

union-graded  school  boards,  section  154,  76 

and  duties  of  boards  of  education  in  consolidated  districts,  sec- 
tion 114,  59 

union-graded  schools,  section  156,   ....  79 

secretary,  sections  62,  63,  64,  65,  66,  29 

Principals,  dismissal  of,  section   127,    65 

employment   and    suspension   of,    etc.,    sections   75.,   95,    123, 

33,  45,  64 

pension,  section  130,    66 

salaries  of,  article  XXVI, 124 

Private   schools,   registration  of 192 

reports   of,   section   22,    16 

Profanity  or  obscene  language,  section  135,   68 

Proposals,   section  95,   note  d, 45 

advertising  and  receiving,   section  33,    166 

for  supplies,  section  58,   27 

Pupils,  admission  to  public  schools,  section  139,   70 

age,  etc.,  section  131,  66 

damage  to  school  property,  section   135,    68 

diminution  of,  section  129,   65 


INDEX.  275 

PAGE. 

Pupils,  exposed  to  contagious  diseases,  section  136,  69 

expulsion  of,  section  95,  division  VIII,   46 

industrial  schools,  etc.,  section  2,  145 

must  comply  with  regulations,  section  135,    68 

night  schools,  section  164,    82 

non-resident,   section    131,    66 

special  classes  for,  section   141,    70 

suspended   for  cause,  section  123,    64 

teacher's  authority  over,  section  122,    63 

vaccination  of,  section  136,    68 

Purchase,  sale,  lease  and  improvement  of  school  grounds,  section  95, 
division  IV,  section  154,  division  I,   45,  76 

Q. 

Qualification  of  county  examiners,  section  37,  20 

members  of  boards  of  education,  section  91,   43 

city  board,  section  47,   25 

State  Board  of  Education,  section  i,  7 

superintendents  of  schools,  section  72, 32 

voters  at  school  meetings,  section  91,  43 


R. 

Railroad    tax,    distribution    for    school    purposes,    how    made,    sections 

292-295 141 

Real   estate   held   by   trustees    for   support   of   public    schools,    sale    of, 

section   196,   92 

Reapportionment  of  school  moneys,  section  206,    101 

Records  to  be  kept  by  district  clerk,  section  100,  49 

Reduction  of  salary  of  principal  or  teacher,  section  127,  65 

Referendum,   mode  of  declaring  acceptance  of,   sections   252,   253,   272, 

273,  129,  135 

Registration  of  private  schools,  192 

Removal  from  office,  cause  for,  section  173,  84 

Removals  and  vacancies,  union-graded  schools,  section  151,  76 

Report  of  Commissioner  of  Education  to  State  board,    248 

county  superintendent  to  Commissioner  of  Education,  248 

district  clerks  to  county  superintendent,   248 

elections   in   district  boards   deposited  with  county   superin- 
tendent, section  89,    42 

State  board  of  children's  guardians,  section  5,  168 

teachers  to  board  of  education,  248 

employed,     249 

Reports  of  local  officers  of  school  districts,  section  32,  19 

monthly  and  yearly,  by  secretary,  section  69,   31 

private  schools,  section  22,   16 

Report,  special,  night  schools,  to  State  superintendent,  section  168,   83 


276  INDEX. 

PAGE. 

Residence  of  members  of  boards  of  education,  section  283,   138 

Reserve  fund,  apportionment  of,  sections  201,  202,   96 

Retention  of  apportionment  from  State  tax,  section  201,  96 

Retirement  of  teachers,  principals  or  superintendents,  section  130,  66 

Right  to  sue,   section   103,    51 

Riparian  lands  part  of  school  fund,  section  190, 90 

Rules  and  regulations  for  advertising  for  proposals,  section  58,  27 

night  schools,  section  160,   82 

for  carrying  school  law  into  effect,  section  3,  8 

institutes,  section  3,  division  III,  rule  i,  8,  187 


S. 

Salary,  business  manager,  section  76,   33 

commissioner  of  education,  section  6,  10 

county  superintendent,  section  28,  17 

withheld  for  neglect  of  duty,  section  18, . .  14 

district  clerk,  section  100, 50 

janitors,   mechanics   and   laborers,    section  95,    division   II,    154, 

division  III,    45,  74 

principal  or  teacher,  reduction  of,  section  127,  65 

principals,  teachers,  janitors,  section  154,  division  III,   74 

secretary  city  board  of  education,  section  62,   29 

superintendents  of  schools,  se'ctions   17,  70,    14,  31 

teachers,    sections    20,    74,    95,    division    II,    117,     120,    article 

XXVI,    15,  32,  45,  61,  63, 124 

treasurer,  school  for  colored  youth,  section  229,  no 

normal  school,  section  215,    106 

school  for  the  deaf,  section  225,  109 

Sale  of  real  estate  by  trustees  for  the  support  of  public  schools,   sec- 
tion 196,  92 

Scholarships  in  agricultural  college,  section  i,   159 

School  attendance,  to  be  certified,  section  205, 98 

attendance,  rules  governing, 189 

.bonds,  may  borrow  on,  section  82, 36 

sale  of,  section  278,  137 

buildings,  destroyed  by  fire,  section  147,  73 

examination  of,  section  144,   73 

census   in    districts,    section  267,    134 

for  the  deaf,  control  of,  section  222,    107 

title,   section  221,    I(>7 

maintenance,  etc.,  sections,  223-225 107 

colored  youth,  article  XXI,  109 

districts,  borrow  money  in  certain  cases,  section  201,   96 

establish  union  graded  schools,  section  148,   74 

how  constituted,  section  39,   21 

law  applies  to  all,  section  279 137 


INDEX.  277 

PAGE. 

School  districts  may  sell  bonds  to  trustees  for  support  of  public  schools, 

section  277,    J37 

must  provide  accommodations  for  children,  section  142,  71 

obligations  assumed  by,  section  41,   22 

possesses  power  of  taxation  (see  footnote),  53 

regulating  new  districts,  section  40,   21 

estimate,  board  of,  sections  79,  80,  81,  82,  34,  35-  36 

fund,  annual  report  to  Legislature,  section  197,   93 

deficiency,    section    198,    93 

riparian  lands  part  of,  section  190,  90 

secretary  of,  section  189,   90 

trustees  of,  section  188,   90 

grounds,  purchase  and  sale  of,  section  95,  division  IV 45 

holidays,     249 

houses,   facilities   and   accommodations,   article   X, 71 

used  for  other  purposes,  section  95,  division  XI,   47 

libraries,  article    XXIII,    112 

appropriation  for,   section  233,    112 

joint  library,  section  235,    112 

selection  of  books,  section  234,    112 

in  union-graded  schools,  section  154,  77 

rules-    for,     190 

money,  penalty  for  improper  use  of,  section  254,    130 

moneys  withheld,   section   142,    71 

month,  to  be  tweny  school  days,  section  117,   61 

orders,   when  draw  interest,   section  211,    105 

property  conveyed  for  nominal  sum,  section  i,  157 

title  to,  section  41,   22 

vested  in  board  of  education,  section  54,  48 

register,  teacher   shall  keep,   section    120,    63 

supplies,  union-graded  schools,  section  154,  division  III 77 

taxes  (see    foot-note),     95 

when  collected   and   due,    249 

paid    to    State    Treasurer,    when,    249 

term,  length  of,  etc.,  section  44,  24 

year,   when  begins,   section   268,    134, 249 

Schools  closed  during  epidemic,  section  138,   69 

of  detention,  arrangement,  ground,  officers  and  employes,  super- 
intendent, teachers,  salaries,  etc.,  section  3,.  ...153.  154 

building   for,   section   I,    152 

counties  may  contract  for  children,'  section  6,   ...  156 

county   may   issue   bonds,    section    5>    T55 

for  whom  intended,  section  2,   153 

judge  of  juvenile  court  may  demand  information 

as    to    conduct,    etc.,    section    4,     155 

management   of,    section    I,    152 

record  to  be  kept,  section  4,  154 

free,  section  131,    66 

19  S  L 


278  INDEX. 

PAGE. 

Seal,  official,   section  95,   division  XII,    47 

Secondary  education,  supervision  of,  section  7,  division  III 10 

school,   term    defined,    rule    17,    177 

Secretary,     salary,  powers,  duties,  etc.,  sections  62,  63,  64,  65,  66,   29 

State  Board  of  Education,  section  7,  division  I,  section  14.  .10,  13 

Semi-annual  meetings  of  boards  of  education,   section   102 50 

Sinking  fund  for  retirement  of  bonds  in  cities,  section  82,  37 

payment  of  school  bonds,  section  210,  105 

Special  appropriation  for  night  schools,  section  167,  82 

classes  for  pupils  below  normal,  section  141,  70 

meetings  of  legal  voters,  section  95,  division  X  (see  foot  note), 

46,  5i.  104 

report,  night  schools,  to  State  superintendent,  section  168,  83 

State  appropriation  for  industrial  schools,  section  i,  147 

to  the  counties,  apportionment  of, 249 

and  township  school  taxes  to  districts,  249 

board  of  children's  guardians,  appointment  of,  section  i 166 

children  indentured,  section  12,   ....  170 

children  placed,  section  9,   1 70 

duty  of  overseer  of  poor,  section  8,  .  169 

expenses,  section  7,   169 

funds  provided,  section  6,   169 

powers  and  duties,  section  3,   167 

reports  of,  section  5 168 

vacancies,  section  2,    167 

visitations,  section  5,  168 

wards  of,  section  8,  169 

Board  of  Education,  appeals,  section  3,  division  IV,  u,  15 8,  12,  13 

appointment  of,  section  i,   7 

by-laws,   may    frame    and    modify,    section    3, 

division  I,   

colored  industrial  school,  control  of,  section  2,  8 
compensation   not   to   be   paid   members,    sec- 
tion 4,    10 

contracts    awarded,    not    to    be    interested    in, 

section  33,  165 

county  superintendents,   to  appoint,    section   3. 

division  II,    

deaf,  control  of  school  for,  section  II,  article 

XX,  

evening     school     for     foreign-born     residents. 

section  166,   

examinations,     make     rules     for.     section     3. 

division    V,    36-38,    8,  jo 

expenses  of,  section  4, i° 

county    superintendents,    approval 

of,  section  29,   t~ 


INDEX.  279 

FACE. 

State  Board  of  Education,  Farnum   preparatory    school,    control    of,    sec- 
tion 2,  8 

manual  training  schools,  section  2,  8 

meetings,  time  and  place  of,  section  i,  8,  248 

to  be  public,  section  i,  8 

model  school,  maintain,  section  218,  106 

normal    school,    control    of,    section   2,    article 

XIX,   8 

office  of,  section  i,  7 

plans  for  school-houses,  to  approve,  145,  73 

powers — 
to    appoint    county    superintendents,    section 

3,  division  II,  8 

to  appoint  an  inspector  of  buildings,  section 

3,  division  VI,  8 

to  appoint  an  inspector  of  accounts,  section 

3,  division  VII,  8 

to  appoint  supervising  principals  upon  appli- 
cation, section  3,  division  IX, 9 

to  compel  production  of  books  and  attend- 
ance of  witnesses,  section  3,  division  XII,        9 
to  decide  appeals,  section  3,  division  IV,  ...         8 
to    fix    district    rates    of    tuition,    section    3, 

division  XI,   9 

to  issue  subpoenas,  section  3,  division  XIII,        9 
to  make  rules  for  its  own  government,  elect 
its  officers,  and  enforce  rules  and  regula- 
tions, section  3,  division  I,  f 

to    prescribe    method    of    bookkeeping    for 

school  districts,  section  3,  division  VIII,  . .         u 
to    regulate    examinations    and    licenses    to 

teach,  section  3,  division  V,  .8 

to   regulate  holding  of   teachers'   institutes, 

section  3,  division  III, S 

to  withhold  approval  of  secondary  schools, 

section  3,  division  X,  <  i 

qualifications  for  members,  section  i,  7 

report  of  to  Legislature,  section  5,  10 

reserve  fund,  apportion,  section  202,   96 

rules  and  regulations,   I73-IQ7 

rules,  to  prescribe,  section  3,  divisions  I,  V,  . .         8 

report  annually  to  Legislature,  section  5,  10 

secretary  of,  section  7,  division  I,  10 

State  appropriations,   249 

State  board  of  examiners,  appoint  member  of, 

section  36,   20 

supervise  and  control   public   instruction,   sec- 
tion i,  


280  INDEX. 

PAGE. 

State  Board  of  Education,  term  of  office,  section  i,  7 

vacancies,  how  filled,  section  i,  7 

constitution,  extracts  from,  5 

normal  schools,  admission  of  pupils,  section  217,  106 

buildings  and  grounds,  section  214,   106 

certificates  to  graduates,  rules  53-57,  182 

control  of,  sections  2,  214,  8,  106 

course  of  study,  section  214, 106 

diplomas  to  graduates,  section  214,  106 

insurance,    section  216,    106 

model  schools,  section  218, 106 

object,  section  213,    105 

principals,  appointment  of,  section  214,   106 

member  of   State  board  of  examiners, 

section  36,   20 

pupils,  number  of,  section  217,   106 

pledge,  section  217,   106 

repairs,  section  216,  106 

rules  for,  section  214,  106 

teachers  in,  214,   106 

title,  section  213,   105 

treasurers  of,  section  215,   106 

prison  school,  board  must  report  annually,  section  8 152 

expenses,  how  met,  section  7,   151 

inmates   not    admitted    without   consent    of   keeper, 

section  6,    151 

inspector  to  establish,  section  i 150 

rules,  teachers,  books,  course  of  study,  section  3,...  151 

supervision  of,   section  i,   150 

teachers'  qualifications,    sections  4,   5,    151 

school  tax,  annually  assessed,  section  200,   94 

appropriation  from  State  Fund,  section  200,    94 

rate  of,  section  200,   94 

schools,    control    of,    section   2,    8 

provisions  and  supplies,   sections   219,   220,    107 

tuition  fees,  etc.,  held  in  trust,  section  219,  TO/ 

treasurer,  payments  of  quota  of  school  tax  by  county  collectors. 

section   201,    95 

Statement  by  State  Comptroller  of  amount  of  tax  and  appropriation,  sec- 
tion 200,    94 

Students,  agricultural  college,  admission  of,   159 

Subpoenas,  issue  of,  section  3,  division  XIII, 9 

witnesses  must  obey,  section  128,    65 

Summer  courses  in  agriculture  and  manual  training,  section  1-3.   149 

Superintendents,  pension,  section   130,    66 

Supervising  principal,  union-graded  schools,  section  154,  division  V,  sec- 
tion   155,     •'  •  /8 


INDEX.  281 

PAGE. 

Supervising  principal,  how  appointed,  section  96 47 

State  board  may  appoint,  section  3,  division  IX,  9 
Supervision  of  schools,  county  superintendent  to  exercise,  sections   14, 

30,     13,  18 

Supervisor   of    elementary  education,  section  7,  division  IV, n 

secondary  education,   section  7,  division   III,    10 

industrial   education,   section   7,   division   V, n 

what'  the  term  includes,  rule  19,   177 

or    city    superintendent,    apportionment    of    school    moneys, 

section  205,  division  I,    98 

Supplies,  advertised  for,  section  58,   27 

and  text-books,  free,   section   171,    84 

Surplus  revenue,  interest  of,  section  257,    131 

Suspension  from  office,  section  3,  division  XII,   9 

of  principals  or  teachers,  section  75,   33 

pupils,    section   135,    68 

T. 

Tax  assessed,  levied  and  collected,  section  200,   94 

for  raising  money  in  certain  cases,  section  143,    72 

support  of  industrial  schools,  section  3,    146 

rate  of  State  school,  section  200,   '. 94 

special  district,  section  187, 90 

Taxable  property,  assessment,  section   192,    91 

Taxation,  money  raised  by,  section  154,  division  I,  77 

Taxed  costs,  payment  of,  section  195,   92 

Teachers,  agents,  for  supplies,  not  to  act  as,  section  173,  84 

appointment  of,  section  74, 32 

agricultural  college,  section  4,   162 

appointment  of,  section  74, 32 

apportionment  for,  section  205^  99 

arbor  day  exercises,  section  261,  132 

balance  of  salary  due,  rule  i,  188 

certificates,  must   hold,   sections   27,    117,    124,    129,    162,    rule 

i 17,  62,  64,  66,  8 1 

exhibit  to  county  superintendent,  rule  i,  175 

percentage  required,  rule  3,  175 

revocation  of,  section  173,  84 

suspension,  section  119,  63 

contagious  diseases  in  schools,  section  136,   68 

contracts,  section  117,  118,  61,  62 

corporal  punishment  prohibited  by,  section  123,  64 

critic,  section  251,  127 

detention  schools,  section  3,   153 

dismissal    of,    sections    57,    75.   95,    118,    divisions   II,    III,   97, 
'  ^ 27,  33,  45,  48,  62.  65 


282  INDEX. 

PAGE- 

Teachers,  employment  of,  section  95,  rule  i,  45, 175 

examinations,  section  3,  division  V,  rule  20,  8, 178 

evening  schools,  section  205^,  99 

for  foreign-born  residents,  section  166,   82 

flag  day,  section  265,  133 

grammar  schools,  section  251,  125 

high  schools,  section  251,  126 

holidays,  sections  121,  265, 63, 133 

exercises  held,  section  265,   133 

institutes,  must  attend,  rule  3,  188 

jury,  exempt  from  service  on,  section  126,  64 

kindergarten,  sections  162,  251,  81, 125 

night  schools,  section  164,  82 

patriotism  to  be  taught,  section  265,  133 

penalty  for  violations,  section  119,  63 

pension,  section  130, 66 

primary  schools,  section  251, 125 

pupils,  authority  over,  section  122,  63 

pupils,  suspension  of,  sections  122,  135, 63,  68 

register  to  be  kept,  section  120, , 63 

religious  exercises  in  schools,  section  125, 64 

report  of,  section  120,  63 

retirement  fund,  article  XXV,  113-124 

rules   for  employment  of,  sections   57,   59,   division  III,   117, 

rule   I,    27,  45, 61,  175 

salary,  sections  124,  127,  251,  article  XXVI.,  rule  i,  

64,  65,  124,  188 

tax  for,  section  104, 51 

withheld  for  neglect,  section  20,   15 

school  month,   section   117,    61 

school  register  must  be  kept  by,  section  120, 63 

State  prison  school,  section  3, 151 

summer  schools  for,  sections  1-3,   149 

supervising  principals,  sections  96,  97,  138,  division  V, 47,48,  78 

suspend  pupils,  sections  122,  135,  63,  68 

suspension  of,  sections  75,  119,   33>  63 

tenure  of  service,  section  127,  64 

testimonials,  shall  file,  rule  4,   17S 

training  schools,  section  251,   127,  128 

institutes,  section  3,  division  III,  258,  rules  1-5,   8,  132, 187 

libraries,  appropriations  for,  sections  236,  258, 113,  132 

control  of,  section  237,   113 

committee  on  selection,  section  237,   113 

retirement  fund,  annual  convention,  section  239,  114 

annuities  granted,  sections  242,  243,  118,  120 

amount  of,  section  242,   118 

application  for  membership   in,   section   246,     122 


INDEX.  283 

PAGE- 

Teachers,  retirement  fund,  appropriation  for,  section  250,  124 

assets,  section  244,   120 

bequests,    section   240,    117 

expenses,  section  240,   118 

fiscal  year,  section  240,    117 

investment,   section  240,    117 

members,  sections  244,  246-250,   120 

officers  of,  section  240,  113 

president,  section  240.    t . .  115 

report  of,  section  240,    117 

secretary,  section  240,    115 

treasurer,  section  241,    118 

trustees,  section  238,   113 

powers  of,  section  245 121 

ungraded  schools,  section  205,  division  I, 99 

keep  school  register,  section  120,    63 

school  register,  must  keep,  section  120,   • 63 

permanent  tenure,  section  127.    64 

temporary,   section  205^,    99 

vaccination  of,  section  136,    68 

Term  of  night  schools,  section  164,    82 

office,  members  of  boards  of  education,  sections  45,  46, 25 

union-graded  schools,  section  150,  75 

Text-books  and  course  of  study,  section  95,  division  VII,  IX,   46 

section    104,    51 

free,   section   171,    64 

kindergarten  supplies,  section  58,   28 

officers  and  teachers  not  to  be  agents  for,  section  173,  84 

rules  for  furnishing,  section  172 84 

selection  of,  section  74,  32 

union-graded  schools  section  154,  division  III, 77 

Thanksgiving  Day,   section  264,    133 

Title  to  property  vested  in  school  board,  section  93,    44 

school  property,  in  whom  vested,  sections  41,  55 22,  26 

Township  boards  of  education,  how  chosen,  section  86,   39 

committee,  power  to  make  appropriations,  section  83,    38 

to  certify  to  assessor,  section  84,    38 

raise  money  for  school  buildings,  section  85,..  39 

incorporated  town  and  borough  school  districts,  Article  VII.  39 

new,  determining  number  of  trustees,  etc.,  sections  87,  88, ....  41 

Townships,  accounts,    section    100, 49. 

affidavits  to  bills,  section  99,    48 

annual    meeting,    sections    88,    100 41. 4t> 

appropriations,   penalty   for   exceeding,   section   38,    21 

boards  of  education,  how  chosen,  section  86,  39 

balances,   apportionment   of,    section   40 21 

ballot,  elections  by,  sections  89,  90,  105,  42, 43  53 

ballot-boxes,  to  be  provided,   section  90 4$ 


284  INDEX. 

PAGE. 

Townships,  bills,  payment  of,  sections  98,  99,  4g 

board  of  education,  accounts  of,  section  100,  49 

affidavit  to  bills,  section  99,  49 

appointment  of,  section  30,  division 

IV,  95,  division  I,  18, 45 

arbor  day,  section  261,  132 

attendance  of  pupils,  to  report,  section 

182,  98 

borrow  money,  section  95,  divisions  I, 

XIV,  .'  45 

bribery,  penalty,  sections  28  and  30,  ...  164 
by-laws,  to  adopt,  section  95,  division 

I",     • 45 

condemn  land,  section  95,  division  V,  .  45 
consolidated  districts,  sections   112-114  57 
contagious  diseases,  schools  closed,  sec- 
tion   138 69 

contracts,  how  made,  sections  98,  99,   .  48 
not  to  be  interested  in,  sec- 
tion   92,    43 

corporate  name,  section  93,  43 

counsel,  employment  of,  section  103,   .  51 

county  meetings,   section   102,    50 

course    of    study,    may    adopt,    section 

86,  division  VII,  97,  rule  4, 45,  48, 191 

custodian    of    school    moneys,    section 

208,    103 

debts  of  new  districts,  sections  41-43,  22 
district  clerk,  appointment  of,  section 

100,     49 

election  of,  section  30,  division  IV,  86- 

89,    H3,    i8,39,58 

evening  schools   for   foreign-born   resi- 
dents, section  166,    82 

expulsion  of  pupils,  section  95,  division 

VIII,    135,    45,68 

incorporation    of,    section    93,    43 

insurance,   section  95,   division   VI,    . .  45 

janitors,   section  86,   division  II,    45 

medical   inspectors,   section  255,    130 

meetings   of,    sections   98,    102,    48, 50 

minutes    of,    section    100,    49 

mortgage    school   property,    section    95, 

division    IV,    45 

notices  of  meetings,  section  88,    41 

number  of  members,  sections  86,  87,    .39,  40 

oath  of  office,  section  94,    44 

organization,   section  94,    44 


INDEX.  285 

PAGE. 

Townships,  board  of  education,  penalty    for    failure    to    attend    meet- 
ings, section    101,    50 

penalty    for   violation   of    law,    sections 

19,    44,     14, 24 

pension,  teachers,  section  130,   66 

petition  to  call  meeting  of  legal  voters, 

section  95,  division  X,   45 

powers,  sections,  95,  187,  267,  45,  89,  134 

president,    section    94,    44 

pupils,   may   suspend   or   expel,   section 

95,   division   VIII,    135,    45,68 

qualifications,   section  92,    43 

removal     of     members,     sections     101, 

173 50,84 

report  of,  section  95,  division  XIII,  ...       45 

seal,  section  95,  division  XII,   45 

supervising  principal,  may  appoint,  sec- 
tions  96,    97,    47 

supplies,  how  provided,   section  99,    . .       48 
suspend     pupils,     section    95,     division 

VIII,  135,    45,68 

teachers,    appointment    of,    section    95, 

divisions   II,   III,   97,    117,    45,48,61 

teachers,    contracts    with,    sections    106, 

107,   121,    61,  62,  63 

teachers,  dismissal  of,  section  95,  divi- 
sions II,   III,   118,    45,52 

teachers,    salaries,    section   95,    division 

II,  117,  118,  120,  124,  ...45,61,62,63,64 
term  of  office,  sections  86,  87,  113,  .39,40,58 
text-books,  section  95,  divisions  VII, 

IX,  97,  171,  172,   46,  48, 84 

transfer  of  unused  school  buildings,   . .     158 
transportation  of  pupils,  section  132,  ...       67 

truant    officers,    section    176,    86 

vacancies  in,   sections  86,  95,   divisions 

I,     101,     39,45,50 

vice-president,    section   94,    44 

bonds,  sections  90,  105,  in,  43,  53,  57 

census,  section  267,   134 

colored  children,  not  excluded  from  school,  section  140,   . .       70 
condemnation  of  land  for  school  purposes,  section  95,  divi- 
sion V,  106,  46,  54 

consolidation  of  districts,  sections  112-116,   57,  58,  59,  60 

contagious  diseases,  schools    closed,    section    138 69 

pupils    excluded    from    school,    section 

136,     68 

contracts,  how  made,  sections  98,  99,   48 


286  INDEX. 

PAGE. 

Townships,  corporal  punishment  prohibited,  section   123,    64 

corporate  name  of  district,  sections  93,  114,    43, 59 

course  of  study,  adoption,  section  95,  division  VII,  97, 46, 48 

custodian  of  school  moneys,  section  104,  article  XVIII,   .51,102 

debt,  sections  41-43,  22 

district  clerk,  appointment  of,  section  100,  49 

tax,  sections  103-105,   51 

elections  by  ballot,  sections  89,  90,  105,   42, 43,  53 

evening  schools,  sections    164,    165,    82 

foreign-born  residents,    section   166,    82 

executions  against,   section  266,    133 

expulsion  of  pupils,  section  95,  divisions  VIII,   135,    46,  68 

flag  day,  section  265,  133 

flags   for   school-houses,    section  256,    131 

high  schools,  approval  of,  rules  1-7,  191 

holidays,  sections,   121,  264,  265 63,  133 

insurance,  section  95,    46 

janitors,   section  95,   division  II,    45 

kindergartens,  sections  145-147,   81 

legal  expenses,  section  103,   51 

voters  at  school  meetings,  section  91,   43 

libraries,  article  XXIII,   112 

manual  training,  section   104,  article  XXII,    51 

medical  inspectors,  sections  104,   136,  255,    51,68,130 

mortgage   school   property,   section   95,    division    IV,    45 

new    districts,    section   87,    41 

notices   of   meetings,   sections   88,  89,    41.42 

outhouses,  tax  for,  section  143,    72 

penalty  for  illegal  use  of  school  moneys,  section  254 130 

pensions,  section  130,  66 

petition  for  meetings  of  legal  voters,  section  95,  division  X,      46 

plans  for  school-houses,  sections,  144,  145,   72,  73 

property,  title  to,  section  41,  22 

pupils,  admission  of,  sections  131,   139,   66,  70 

expulsion  or  suspension,  section  95,  divisions  VIII, 

122,    135,    45,63,68 

transfer  of,  sections   133,   134.    67 

transportation,    sections    132,    205,    67,100 

tuition  fees,  sections  131,  134,  66,  67 

vaccination,    sections    136,    137,    68, 69 

religious  services  in  schools,  section  125,   64 

report,  section  95,  division  XIII,  in,   47.  57 

school-houses,  used  for  other  purposes,  section  95,  division 

XI, 47 

school  term,    section   44,    24 

month,   section   117, 61 

year,   section   268,    1 34 

seal  of,  section  95,  division  XII,   47 


INDEX.  287 

PAGE. 

Townships,  sinking  fund  custodian,  section  210,    105 

special  meetings  of  legal  voters,  section  95,  division  X,  112,.  .46,57 

supervising  principal,  section  96,    47 

supplies,  how  provided,  section  99,   48 

suspension  of  pupils,  section  95,  division  VIII,  46 

teachers,  appointment   of,    section   95,    divisions    I,    II,   97, 

ii7 45,  48,  61 

teachers,    contracts    with,    sections    117,    118,    121,    rules   69, 

70,    61,  62,  63, 184 

pension,  section  30,  66 

rules  for  employment,  section  117,   61 

salaries,  sections  117,   118,  120,   121,   124,    ..61,62,63,64 

tellers  at  school  meetings,   sections  89,  90,    105,    42,43,53 

term,   school,   section   44,    24 

text-books,  section  95,  divisions  VII,  IX,  97,  171,   46,48,84 

title  to  school  property,   section  41    22 

transfer  of  pupils,  sections  133,   134,   67 

transportation  of  pupils,  sections   132,  205,    67,100 

truant  officers,  sections  176,   177,    86 

tuition  fees,  sections  131,  134,   66, 67 

union-graded  schools,  article  XI,  74,  81 

vaccination  of  pupils,   sections   136,   137,    68,69 

Transfer  of  children  remote  from  school,  section  133,  67 

Transportation  of  pupils,  district  tax  for,  sections  104,  132,  51, 67 

to  high  schools,  section  174, 85 

Treasurer,  industrial  schools,  section  4,    146 

Manual  Training  and  Industrial  School  for  Colored  Youth, 

section  229,    no 

New  Jersey  School  for  the  Deaf,  section  225,  109 

Normal  schools,  section  215,   106 

school  fund,  section  197,   93 

teachers'  retirement  fund,  section  241,  118 

Truancy  defined,  sections  178-182,  86-88 

Truant  officers,  sections  175,  176,  179,  180,  181,  86,  87,  88 

Trustees  for  support  of  public  schools,  sections,  188,  190,  191,  192,  196, 

199,    90,  91,  92,  93 

of  boards  of  education  may  be  reduced  in  number,  section  87,      40 

school  fund,  section  8,   12 

teachers'  retirement  fund,  section  238,  113 

industrial  schools,  appropriation  for,  section  i,    145 

of  whom  to  consist,  section  3,   146 

powers  of,  section  4,  146 

treasurer  of  board  for  support  of,  sec- 
tion 4,  146 

terms  of,  sections  4,  6,  146,  147 

compensation  of,  section  5,  147 

body  corporate,  section  7,  147 


288  INDEX. 

PAGE- 

Trustees,  of  industrial  schools,  may  erect  suitable  buildings,  section  i,. .  148 

issue  of  bonds,  section  2,  148 

sinking  fund  provided,  section  2,  149 

township  boards  may  be  reduced,  section  87,  40 

Tuition  fees  in  certain  cases,  section  131,  66 

normal  schools,  section  213,  I05 

of  pupils,  section  104,  131,  134,  5Ij  66,  67 

rates  fixed,  section  3,  division  XI,  9 

U. 

Union-graded  schools,  apportionment  to,  section  155,  78 

appropriations  for,  section  154,  division  III,   77 

board,  of  education,  appointment  of,  section  149, 

150,    151,    75,76 

corporate  body,  section  152,  76 
powers  of,  sections  154,  156, 

76,  79 

removal     of     member     of, 

section    151,    76 

term   of  office,   section    150,  75 

vacancy,   section   151,    76 

bonds  for,  sections  157,  158,  160,  79,  80 

borrow  money  for,  section  154,  division  I,   76 

buildings  for,  section  154,  division  III 77 

condemn  land,  section  154,  division  II,  77 

custodian  of  moneys,  section   153,    76 

bond  of,   section  153,    76 

salary,   section   153 76 

election,  sections  90,  148,   43,  74 

establishment  of,   section  148,    74 

report,   section  148,    74 

seal,  section  154,  division  IV,   78 

secretary,  section  153, 76 

supervising  principal,  section  154,  division  V.,  ...  78 

supervision  of,   section   157,    79 

tax  for,  section  154,  division  III,   76 

teachers,  section  154,  division  III,   76 

voters,  questions  submitted  to,  section  158,  79 

Union  school  boards,  section  149,    75 

districts,  apportionment  of  moneys,  section  155,   78 

Use  of  school-houses  for  other  than  school  purposes,  section  95,  division 

XI, 47 

V. 

Vacancy,  boards  of  education,  sections  45-,  49,  101,   24,  25,  50 

office  county  superintendent,  section  17,  14 

county  superintendent  to  fill,   section  37 20 

in  township   boards,    section   86 40 


INDEX.  289 

PAGE. 

Vacancies  and   removals,   section    151 76 

in  office,  sections  94,  95, 44, 45 

Vaccination  of  teachers  and  pupils,  section  136,  137,   68,  69 

Validation  of  acts  and  appropriations,  sections  280,  281,  138 

Validity  of  Act,  section  274,  136 

Valuation  of  real  and  personal  property  for  taxation  purposes,  section 
200.     94 


W. 


Warrant  drawn  by  comptroller  for  establishment  of  industrial  schools, 

section  i, 94 

Washington's  birthday,  observance  of,  section  264,   133 

Withhold  school  moneys,  section  7,  division  XI,  section  19,   12,  14 

salary    of    county    superintendent    for   neglect    of    duty,    sec- 
tion   18, 14 

salary  from  teacher,  section  20,   15 

Witnesses,  attendance  of,  compulsory,  section  3,  division  XII,  9 

compelled   to   testify,    section    128,    65 

Writs  of  subpoena,  power  to  issue,  section  128,  65 


290  INDEX. 


Blanks  and  Forms* 


Forms  for  County  Superintendents: 

appointment  of  a  president  or  vice-president,  XV,   208 

apportionment  of  balances,  notices  to  custodian,  XIII,   208 

district    clerk,    XIV,  208 

balances,  notices  of,  XIII,   208 

order  for,   X,    206 

certificate  condemning  school-house,  XII,    207 

teacher's  attendance  at  institutes,  III,    203 

transfer   of  pupils,    I,    202 

condemnation  of  school-houses,  certificate   for,   XII,    207 

district  clerk,  notice  that  teacher  has  filed  report,  XI,   207 

expenses,   statement  of,   IV,    203 

institute,  certificate  of  attendance  at,  III,    203 

notice  of,  II,    202 

notice  of  balances,  XIII,    208 

institute,    II,    202 

to  district  clerk  that  teacher  has  filed  report,  XI,  . . .  207 

withhold  school  moneys  from  district,  XVII,   . . .  209 

teacher,    XVI,     .  .  209 

orders,    balances,    X,    206 

reserve  fund,  VIII,   206 

State    appropriation,    VI,    205 

school  fund  appropriation,  V,    204 

tax,    VII,    205 

surplus  revenue,  interest  of,  IX,   206 

transfer  of  pupils,  I,    202 

reserve  fund,  order  for,  VIII, 206 

State  appropriation,  order  for,  VI, 205 

school  fund  appropriation,  order   for,  V,    204 

tax,  order  for,  VII,   205 

statement  of  expenses  of  county  superintendent,  IV,    203 

surplus  revenue,  order  for  interest  of,  IX,    206 

transfer  of  pupils,  certificate  for,  I,  202 

withhold  school  moneys  from  teacher,  notice  to,  XVI,  209 

district,  notice  to,  XVII,  209 

Forms  for  City  Superintendents : 

application  for  State  aid  for  school  library,  XVIII,  210 

manual  training  appropriation,  XX,  ....  212 

contract,  teacher's,  XIX,   211 


INDEX.  291 

PAGE. 

Forms  for  District  Clerks : 

affidavit  to  bills,  form  of,  XXX,  220 

annual  district  meeting,  notice  for,  XXI,  213 

assessor,  notice  to,  XXXVI,   226 

application  for  loan  from  State  school  fund,  XXXIX,  240 

State  aid  for  library,  XXXI,  221 

manual  training,  XXXIV,,  221 

ballot  for  bonds,  form  for,  XXXVIII,  231 

board  of  education,  notice  of  election  as  member  of,  XXVII,  217 

meeting  of,  XL,,   241 

report  of  election  of,  XXVII,  217 

notice  for  meeting,  XL,  XU,  241 

bonds,  certificate  to  assessor  for  tax  for,  XXIX,   219 

county     superintendent,      of     tax      for, 

XXXVII,    227 

directions  for  proceedings,  XXXVI,  226 

for  school  loan,  XXXV,  224 

notice  to  assessor  of  amount  of  tax  to  be  raised  for, 

XXXVI,   226 

certificates  of  tax  for  bonds,  XXXVI,  XXX VII,  226,227 

current  expenses,  XXVIII,  XXIX,  217, 218 

school  tax  voted  to  be  raised,  XXIX,  219 

contract  for  building,  XLIV,  243 

with  teacher,  XXXIII,  222 

deed  for  school  property,  XLIII, 242 

directions  for  bonding  a  district,  XXXVIII,  228 

duties  of,  XLVI,   245 

lease,  XLJI,   241 

library,  application  for  State  aid,  XXXI 221 

report  of  purchases,  XXXII. 222 

loans,  bonds  for,  XXXV, 224 

from  State  school  fund,  application,  XXXIX,  240 

note  for,  XLV,   245 

manual  training,  application  for  State  aid,  XXXIV,  223 

meeting,  items  that  may  be  inserted  in  notice  for   district, 

XXIII,    ..." 214 

notice  for  annual  district,  XXI,  213 

board  of  education,  XL,   241 

special  district,  XXII,    214 

order  of  business,  XXIV,  215 

minutes  of  meeting  of  board  of  education,  XXXVIIL  232,  238 

note,  XLV,  244 

aoticc,  annual  district  meeting,  XXI,  XXIII,   213,  214 

election  of  members  of  board,  XXVII,  217 

for  special  district  meeting,  XXII,    214 

items  that  may  be  inserted  in  district  meeting,  XXIII,  214 

meeting  of  board  of  education,  XXXVIIL  XL 217,  241 


292  INDEX. 

PAGE. 

Forms  for  District  Clerks : 

notice,  members  of  board  of  education  of  election,  XXVII.  217 

order  of  business  at  district  meeting,  XXIV,   215 

miscellaneous    purposes,    XXVI,    216 

teachers'  salary,  XXV,  XXVI,   215,  216 

on  custodian  of  school  moneys  for  district  tax  raised 
for  other  purposes  than  payment  of  teachers'  salaries, 

XXVI,    216 

report  of  election  of  board  of  education,  XXVII,   217 

library  purchases,   XXXII,    222 

proceedings  authorizing  bonds,  XXXVIII,   228 

to  county  superintendent,  XXVII,  XXVIII,   217 

special  district  meeting,  notice  of,  XXII,  214 

specifications  of  business  to  be  transacted  at  district  meet- 
ing, XXIII, 214 

tax  for  bonds,  notice  to  assessor,  XXXVI,  226 

county  superintendent,  XXXVII,  . . .  227 

district  school,  notice  to  assessor,  XXVIII,   217 

teacher,  certificate  child  has  attended  school,  XLVII,  246 

contract  with,  XXXIII,  222- 

order  for  salary,  XXV,  215 

report  of  suspension,  XLJX,  247 

to  county   superintendent   when   leaving  be- 
fore end  of  school  year,  XLVIII,  246 

Forms  for  District  Meetings: 

minutes  authorizing  bonds,  XXXVIII,  228 

notice  to  members  of  board  of  education  elected  at,  XL, 241 

order  of  business,  XXIV,   215 

Miscellaneous  Forms  and  Directions : 

calendar  for  school  elections  and  duties, 248 


AMENDMENTS 


TO 


SCHOOL    LAW 


1912 


VII.  Ascertain  the  thoroughness  and  efficiency  of  any  Prescribe 
or  all  public  schools,  and  of  any  or  all  grades  in  them  %ff 
by  such  ways  and  means,  tests  and  examinations,  as  to 
him  may  seen  proper,  whenever  in  his  opinion  or  in  that 
of  the  State  Board  of  Education  it  is  advisable  to  do  so. 
Prescribe  during  each  school  term  and  within  sixty  days 
prior  to  its  expiration,  an  examination  in  at  least  arith- 
metic, writing,  spelling,  English,  history  and  geography, 
of  the  pupils  in  the  highest  grade  in  each  Elementary' 
School;  provided,  that  if  in  any  school  any  of  said  sub- 
jects is  not  taught  in  the  highest  grade,  the  examinations 
shall  be  confined  to  such  of  the  said  subjects  as  are 
taught  or  used ;  prepare  or  cause  to  be  prepared  questions 
for  the  examinations;  prescribe  the  times  and  places  for 
holding  them  and  the  rules  governing  them;  select  the 
superintendents,  principals  and  teachers,  who  shall  con- 
duct them,  and  who  shall  mark  and  file  such  papers  and 
such  reports  as  may  be  required  in  the  Department  of 
Public  Instruction;  report  to  the  State  Board  of  Educa- 
tion the  results  of  all  tests  and  examinations  and  such 
>ther  information  in  regard  thereto  as  it  may  require. 
Nothing  herein  contained  shall  impair  the  right  of  each 
district  to  prescribe  its  own  rules  for  promotion. 
This  amends  paragraph  VII  of  section  7,  page  n. 

22.  The  Commissioner  of  Education  shall  by  and  Appointment 
with  the  advice  and  consent  of  the  State  Board  of  Edu- 
cation  shall  appoint  for  each  county  a  suitable  person  to 
be  the  county  superintendent  of  schools  of  that  county 
who  shall  hold  office  for  the  term,  of  three  years  from 
the  date  of  his  appointment  and  until  his  successor  shall 
have  been  appointed  as  aforesaid,  unless  sooner  removed 
for  cause  by  said  board.  Each  county  superintendent 
lereafter  appointed  shall  give  particular  attention  to 
actual  and  personal  supervision  of  school  and  shall  de- 
vote his  entire  time  to  the  duties  of  his  office.  No  per- 
son  shall  be  appointed  as  county  superintendent  of 


Qualifica- 
tions. 


Salary   of 
county  super- 
intendents. 
P.  L.  1912, 
Chap.  367. 


P.  L.    1912, 
Chap.  364. 


City   hoards 
of  examiners. 


Proviso. 


Proviso. 


schools  unless  he  shall  hold  the  highest  teacher's  certifi- 
cate issued  in  this  State  and  shall  have  been  a  resident  of 
the  county  for  which  he  is  appointed  for  at  least  three 
years  immediately  preceding  his  appointment. 

23.  The  yearly  salary  of  a  county  superintendent  of 
schools  hereafter  appointed  shall  be  three  thousand  dol- 
lars. Such  salary  shall  be  paid  in  equal  monthly  install- 
ments, and  the  State  Comptroller  shall,  on  the  order  of 
the  Commissioner  of  Education,  draw  his  warrant  for 
such  salary  on  the  State  Treasurer  in  favor  of  such 
county  superintendents  of  schools. 

This  amends  sections  27  and  28,  page  17 

The  amendment  to  section  31  of  the  School  Law 
passed  in  1911  has  been  repealed.  The  section  now 
reads  as  follows : 

38.  (31.)  In  each  city  school  district  there  may  be  a 
board  of  examiners  consisting  of  the  superintendent  of 
schools  of  such  district,  if  there  be  one,  and  such  persons 
as  the  board  of  education  of  the  school  district  shall  ap- 
point. No  person  shall  be  appointed  as  such  examiner 
unless  he  or  she  shall  hold  either  a  State  certificate  or  the 
highest  grade  certificate  issued  in  said  district,  or  shall 
be  a  graduate  of  a  college  or  university.  Said  board  of 
examiners  shall,  under  such  rules  and  regulations  as  the 
State  Board  of  Education  shall  prescribe,  grant  certifi- 
cates to  teach  which  shall  be  valid  for  all  schools  of  such 
school  district.  No  teacher  shall  be  employed  in  any  of 
the  schools  of  such  district  unless  he  or  she  shall  possess 
such  certificate  or  a  State  or  county  certificate ;  provided, 
that  nothing  herein  contained  shall  be  construed  to  pre- 
vent the  board  of  education  of  such  school  district  from 
prescribing  and  requiring  other  and  further  qualifications 
to  teach  than  shall  have  been  prescribed  by  the  rules  and 
regulations  of  the  State  Board  of  Education  as  afore- 
said; provided  further,  that  if  any  such  school  district 
shall  maintain  a  normal  school  or  a  training  school  for 


teachers,  which  school  shall  have  been  approved  as  to 
its  course  of  study  by  the  State  Board  of  Education,  then 
the  diplomas  or  certificates  issued  to  pupils  of  any  such 
school  upon  graduation  therefrom  may  be  accepted  by 
the  board  of  education  of  said  school  district  as  certifi- 
cates to  teach  valid  for  the  schools  of  such  school  dis- 
trict. 

Amends  section  38,  page  21. 


i  .  In  every  city  school  district  except  where  the  pro-  j^™dbe£f  of 
visions  of  article  seven  of  the  act  to  which  this  is  a  sup- 
plement  have  been  or  shall  hereafter  be  accepted  as  per-  py 
mitted  by  section  two  hundred  and  forty-four  of  said  act 
and  in  every  township,  incorporated  town  or  borough 
school  district  in  which  the  provisions  of  article  six  of 
said  act  have  been  or  shall  hereafter  be  accepted,  as  per- 
mitted by  section  two  hundred  and  forty-three  of  said 
act,  the  board  of  education  shall  be  appointed  by  the 
mayor  or  other  chief  executive  officer.     Said  board  shall   £gtsd  w?thdis' 
consist  of  five  members,  except  where  the  last  State  or  SfTaS^than 
Federal  census,  at  any  time  of  appointment  as  herein-   hiv°e°°five 
after  provided,   shall  show  a  population  of   forty-five   JJ^o'or 

.....  .  ,.  over,  nine 

thousand  inhabitants  or  upward  in  such  school  district  in   members. 
which  case  the  board  shall  consist  of  nine  members.    Ap-   Appointed  in 
pointments    shall    be    made    between    the    second    and   taTe"  office 

February    rst. 


fifteenth  days  of  January  in  each  year  and  terms  of  office  J^™  o{ 
shall  begin  on  the  first  day  of  February  thereafter.  In 
the  case  of  boards  of  education  consisting  of  five  mem- 
bers, one  member  shall  be  appointed  each  year  for  a  term 
of  five  years  and  until  the  appointment  and  qualification 
of  a  successor;  and  in  the  case  of  boards  consisting  of 
nine  members,  three  members  shall  be  appointed  each 
year  for  terms  of  three  years  and  until  the  appointment 
and  qualification  of  successors;  provided,  that  every 
member  of  a  board  of  education  in  a  school  district 
affected  by  this  supplement  shall  continue  to  serve  during 
his  term  of  office  and  thereafter  until  the  first  day  of 


Proviso. 


Vacancy; 

how  filled. 


Organization 
of  board. 


February  then  next  ensuing;  and  provided  further,  that 
first  appointment  under  this  supplement  may  be  for  less 
than  full  terms  if  necessary;  it  being  the  intention  to 
provide  hereby  that  when  this  supplement  shall  take 
effect  in  a  school  district  there  shall  be  an  immediate 
increase,  if  necessary,  to  five  members  or  to  nine  mem- 
bers, according  to  the  population  of  the  school  district, 
as  above  provided,  and  the  gradual  reduction  to  the  pre- 
scribed membership  as  terms  expire,  if  in  any  case  the 
existing  membership  shall  be  in  excess  thereof,  and  that 
eventually  in  cases  of  boards  of  education  consisting  of 
five  members,  one  shall  go  out  of  office  each  year,  and  in 
cases  boards  of  education  consisting  of  nine  members, 
three  shall  go  out  of  office  each  year.  Any  vacancy  in 
such  board  of  education  shall  be  forthwith  reported  by 
the  secretary  of  said  board  to  the  mayor  or  other  chief 
executive  officer,  who  shall,  within  thirty  days  thereafter, 
appoint  a  person  to  fill  such  vacancy  for  the  unexpired 
term.  To  every  such  appointee  said  mayor  or  other 
chief  executive  officer  shall  issue  and  deliver  a  certificate 
of  appointment.  In  any  township  school  district  affected 
by  this  supplement  the  chairman  of  the  township  com- 
mittee shall  for  the  purposes  named  in  this  section  be 
deemed  and  taken  to  be  the  chief  executive  officer. 

2.  On  the  first  day  O'f  February  in  each  year,  or  on  the 
following  day  if  that  be  a  Sunday,  every  board  of  educa- 
tion constituted  by  this  supplement  shall  organize  by 
electing  one  of  its  members  as  president  and  another 
as  vice-president,  which  officers  shall  serve  for  one  year 
and  until  their  respective  successors  shall  be  elected. 

3.  Upon  the  organization  of  a  board  of  education 
under  this  supplement,  any  board  of  education  or  other 
body  in  the  school  district  affected  theretofore  having 
charge  of  the  public  schools  in  such  school  district  or 
having  custody,  charge  or  management  of  any  fund  or 
property  used  for  or  in  the  maintaining  of  public  schools 


in  such  school  district,  and  having  no  other  function, 
shall  be  ipso  facto  abolished. 

This  repeals  sections  45  and  46,  page  24. 


76.  Whenever  a  city  board  of  education  shall  decide  £ns 

that  it  is  necessary  to  raise  money  for  the  purchase  of  pnd 
lands  for  school  purposes,  or  for  erecting,  enlarging, 

repairing  or  furnishing  a  school-house  or  school-houses,  he  given  to 

.  °  each   member 

it  shall  prepare  and  deliver  to  each  member  of  the  board   of  board  of 

1  school 

of  school  estimate  of  such  school  district  a  statement  of   cstimatc- 
the  amount  of  money  estimated  to  be  necessary  for  such 
purpose  or  purposes;  said  board  of  school  estimate  shall   i"oard  of 

r  estimate   to   fix 

fix  and  determine  the  amount  necessary  for  such  ptir-   amount  of 

J  appropnaton. 

pose  or  purposes,  and  shall  make  two  certificates  of  such 
amount,  one  of  which  certificates  shall  be  delivered  to 
said  board  of  education,  and  the  other  to  the  common 
council,  board  of  finance  or  other  body  in  the  city  hav- 
ing the  power  to  make  appropriations  of  money  raised 
by  tax  in  such  city;  said  common  council  board  of 

finance  or  other  body  may  appropriate  such  sum  or   Appropria- 

tions; how 
sums  for  such  purpose  or  purposes  in  the  same  manner   made. 

as  other  appropriations  are  made  by  it,  and  said  sum 
or  sums  shall  be  raised,  assessed,  levied  and  collected 
at  the  same  time  and  in  the  same  manner  as  moneys  ap- 
propriated for  other  purposes  in  such  city  are  raised, 
assessed,  levied  and  collected;  or  said  common  council, 
board  of  finance  or  other  body  may  appropriate  and 
borrow  such  sum  or  sums  for  the  purpose  or  purposes  May  raife 

amount   by 

aforesaid,  and  may  secure  the  repayment  of  the  sum  Ssof 
or  sums  so  borrowed,  together  with  interest  thereon 
at  a  rate  not  to  exceed  five  per  centum  per  annum,  by 
the  issue  of  bonds  in  the  corporate  name  of  such  city; 
bonds  so  issued  shall  be  designated  "school  bonds," 
may  be  registered  or  coupon  or  both,  of  such  denomi- 
nations as  the  common  council,  board  of  finance  or 
other  board  may  determine,  and  shall  be  made  payable 
in  not  more  than  fifty  years  from  the  date  thereof;  they 


Sinking    fund. 


Bonded    debt 
limited    to 
three    per 
cent,  except 
when  bonds 
issued    to 
replace 
building 
destroyed    by 
fire.      Limit   in 
such    cases, 
zV-z    per   cent. 


shall  be  sold  at  public  or  private  sale  and  not  for  less 
than  par  and  accrued  interest,  and  such  city  shall  in 
its  annual  tax  levy  raise  money  sufficient  to  pay  the 
interest  on  said  bonds,  together  with  at  least  one  per 
centum  per  annum  of  the  principal  thereof,  to  provide 
a  sinking  fund  for  the  retirement  of  said  bonds  at  ma- 
turity; or  in  lieu  of  providing  for  a  sinking  fund  for 
the  retirement  of  said  bonds  at  maturity,  the  bonds  may 
be  so  issued  that  a  stated  equitable  amount  of  them  (in 
value),  having  regard  to  other  school  bonds  already 
issued,  shall  become  payable  in  each  year  beginning  not 
more  than  ten  years  from  date  of  the  earliest  issue  and 
ending  in  not  less  than  forty  years  from  such  date,  and 
in  such  case  there  shall  be  raised  by  tax  in  each  year 
such  sunn  of  money  as  may  be  necessary  to  pay  the  in- 
terest on  all  outstanding  bonds  and  the  principal  of 
such  bonds  as  may  mature  during  that  year;  the  pro- 
ceeds of  the  sale  of  such  bonds  shall  be  deposited  with 
the  custodian  of  school  moneys  of  such  school  district 
and  shall  be  paid  out  only  on  the  warrants  or  orders 
of  the  board  of  education;  provided,  that  the  total 
amount  of  bonds  for  the  purposes  named  in  this  section, 
including  bonds  theretofore  issued  for  such  purposes, 
and  not  'redeemed,  shall  not  exceed  at  any  one  time  a 
sum  equal  to  three  per  centum  of  the  taxable  valuation 
of  the  real  and  personal  property  in  such  city;  provided, 
jwrther,  that  in  the  case  of  the  repair,  reconstruction, 
rebuilding,  or  erection  and  furnishing  of  a  school- 
house  to  replace  a  school-house  and  furnishings  thereof 
partially  or  totally  destroyed  by  fire  that  the  total 
amount  of  bonds  for  such  purposes,  including  bonds 
heretofore  issued  for  the  purposes  named  in  this  section, 
and  not  'redeemed,  shall  not  exceed  at  any  one  time  a 
sum  equal  to  three  and  one-half  per  centum  of  the  tax- 
able valuation  of  the  real  and  personal  property  in  such 
city;  and  provided  further,  that  if  the  charter  of  the 
city  shall  limit  the  amount  of  indebtedness  in  such  city, 


or  shall  by  its  terms  prevent  the  carrying  out  of  the  pro- 
visions of  this  section,  said  charter  provisions  shall  be   Si°a"ferH™ot  t 
hereafter  held  not  to  apply  to  the  issuing  of  bonds  g?hooi  'bonds 
under  the  provisions  of  this  section. 
This  amends  section  82,  page  36. 


In  every  incorporated  town  school  district  which  has, 

or  shall  hereafter  have,  according  to  any  State  or  United  townf  oT  i 

States  census,  a  population  of  ten  thousand  or  over,  and  more°popu- 

which  has  not  adopted  the  provisions  of  article  six  of  P.  L.'  1912 

-         ,    .  ,    .        .  Chap.    340. 

the  act  of  which  this  is  a  supplement,  the  mayor  or 

other  chief  executive  officer  shall,  between  the  second 

and  fifteenth  days  of  January  next  after  the  passage  of 

this  act,  appoint  five  persons  to  be  members  of  the  board 

of  education  of  such  district.     In  making  his  appoint-   Term. 

ments,  the  mayor  or  other  chief  executive  officer  shall 

appoint  one  person  to  serve  for  one  year,  one  person 

to  serve  for  two  years,  one  person  to  serve  for  three 

years,  one  person  to  serve  for  four  years,  and  one  per- 

son to  serve  for  five  years,  and  annually  thereafter,  be- 

tween the  second  and  fifteenth  days  of  January,  said 

mayor  or  other  chief  executive  officer  of  such  school 

district  shall  appoint  a  member  of  the  said  Board  of 

Education  to  serve  for  the  term  of  five  years  to  take  the 

place  of  that  member  whose  term  shall  expire  in  such 

year.     Any  vacancy  in  such  board  of  education  shall  J^a^ 

be  forthwith  reported  by  the  secretary  of  said  board 

to  the  mayor  or  other  chief  executive  officer,  who  shall 

within  thirty  days  thereafter  appoint  a  person  to  fill 

such  vacancy  for  the  unexpired  term.     To  every  such 

appointee  as  aforesaid  said  mayor  or  other  chief  execu- 

tive officer  shall  issue  and  deliver  a  certificate  of  appoint-   Board  to 

ment.    The  term  of  office  of  a  member  of  the  board  of  FebmaVv   i 

•education,  except  a  member  appointed  to  fill  an  unex- 

pired term,  shall  begin  on  the  first  day  of  February  next 

succeeding  his  appointment.    The  terms  of  office  of  all 

members  of  boards  of  education  in  said  districts  which 


District  may 
issue  bonds. 
P.   L.    1912. 
Chap.    399. 


Description 
of   bonds. 


Bonded   debt 
limited  to 
three  per 
cent. 


are  affected  by  this  act  shall  expire  on  the  thirty-first 
day  of  January  next  after  the  passage  of  this  act. 

This  amends  section  86,  page  39,  so  far  as  the  selec- 
tion of  members  of  a  board  of  education  in  a  town  of 
ten  thousand  or  over  is  concerned. 

97.  The  legal  voters  of  any  township,  incorporated 
town  or  borough  school  district  may,  either  at  the  an- 
nual meeting  of  said  district  or  at  a  special  meeting 
thereof  called  for  that  purpose,  by  the  vote  of  a  major- 
ity of  the  legal  ballots  cast,  authorize  the  board  of  educa- 
tion to  issue  bonds  of  the  district  for  the  purpose  of  pur- 
chasing or  taking  and  condemning  land  for  school  pur- 
poses, or  building  a  school  house  or  school  houses,  or 
making  additions,  alterations,  repairs  or  improvements 
in  or  upon  any  school  house  and  the  lands  upon  which 
the  same  shall  be  located,  and  of  purchasing  school  fur- 
niture and  other  necessary  equipment.  Such  bonds  shall 
be  issued  in  the  corporate  name  of  the  district,  for  such 
sums  and  in  such  amounts  and  shall  be  made  payable 
in  not  more  than  thirty  years  from  the  date  thereof,  as 
directed  by  a  majority  of  the  legal  ballots  cast,  with  in- 
terest at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable  half  yearly.  Said  bonds  may  be  fully  registered, 
registered  as  to  principal  or  coupon  bonds  (or  may  be 
registered  and  coupon  bonds  combined),  and  shall  be 
signed  by  the  president  of  the  board  of  education  and  at- 
tested by  the  district  clerk,  shall  bear  the  seal  of  the 
district,  and  if  registered  as  to  principal  only  or  coupon 
bonds  they  shall  have  coupons  attached  for  current  pay- 
ment of  interest,  which  coupons  shall  be  signed  by  the 
district  clerk  and  shall  be  numbered  to  correspond  to 
the  several  bonds  to  which  they  shall  be  severally  at- 
tached. Bonds  so  issued  shall  be  numbered  and  a  proper 
registry  thereof  shall  be  kept  by  the  district  clerk.  Pro- 
vided, that  the  total  amount  of  bonds  for  the  purposes 
named  in  this  section,  including  bonds  theretofore  issued 


for  such  purposes  and  not  redeemed,  shall  not  exceed 

at  any  one  time  the  sum  equal  to  three  per  centum  of  the 

taxable  valuation  of  the  real  and  personal  property  in 

such  district.     Such  bonds  may  be  sold  at  public  or  pri-   sale  of 

vate  sale  for  the  best  obtainable  price,  but  not  less  than 

par. 

Nothing  in  this  act  shall  be  construed  to  apply  to  any 
bonds  authorized  to  be  issued  by  the  legal  voters  of  any 
school  district  prior  to  the  passage  or  approval  of  this 
act  or  the  act  to  which  this  act  is  amendatory. 

This  amends  section  106,  page  54. 


i.  Any  teacher,  principal  or  superintendent  who  shall 
have  been  employed  in  the  public  school  work  not  less 
than  thirty-five  years  shall,  upon  application  to  the  board 
of  education  or  other  body,  or  by  resolution  of  the  board 
of  education  or  other  body  by  which  such  teacher,  prin- 
cipal or  superintendent  shall  be  employed,  be  retired 
from  duty  on  half  the  average  annual  salary  during  the 
last  five  years  of  service;  provided,  such  teacher,  prin- 
cipal  or  superintendent  shall  have  been  employed  at  least 
twenty  years  by  the  board  of  education,  department  or 
other  body  by  which  he  or  she  shall  be  retired,  and  the 
payments  to  such  persons  shall  be  made  at  the  same  time 
and  in  the  same  manner  as  to  persons  regularly  em- 
ployed. 

This  amends  section  130,  page  66. 


Pensions    for 
teachers, 
principals    and 
sunerin- 


( 


proviso. 


Public  schools  shall  be  .  free  to  all  persons  over  five  ARCS  of 
and  under  twenty  years  of  age,  and  to  such  persons 
over  the  age  of  twenty  years  as  the  board  of  education 
of  any  school  district  may  deem  it  wise  to  offer  instruc- 
tion, who  shall  be  residents  of  the  school  district.  Non- 
residents  of  a  school  district  if  otherwise  competent, 
may  be  admitted  to  the.  schools  of  said  district  with  the 
consent  of  the  board  of  education  upon  such  terms  as 
said  board  may  prescribe;  provided,  that  the  authority  Proviso. 


Tuition  fees 

authorized. 


10 

to  charge  tuition  for  non-resident  pupils  conferred  by 
this  section  shall  not  apply  to  non-resident  pupils  trans- 
ferred to  any  district  by  an  order  of  the  county  super- 
intendent of  schools. 

This  amends  section  131,  page  66. 


Boards   of 
education   to 
report  to 
county  super- 
intendent. 
P.    L.    1912, 
Chap.    141. 


Apportion- 
ment  of 
school 
monevs. 


Amount    for 
supervising- 
principal    or 
city    superin- 
tendent. 


182.  The  board  of  education  of  each  school  district 
shall,  on  or  before  the  fifteenth  day  of  March  in  each 
year,  certify  to  the  county  superintendent  of  schools  for 
the  county  in  which  such  school  district  shall  be  situate, 
and  on  the  blanks  furnished  for  that  purpose  by  the 
Commissioner  of  Education,  the  number  of  teachers, 
who  shall  have  been  employed  in  the  schools  of  such 
district  for  the  full  time  the  schools  therein  shall  have 
been  kept  open  during  the  then  current  school  year,  and 
the  number  of  teachers  who  shall  have  'been  employed 
in  said  schools  for  a  portion  of  said  year,  but  for  a 
period  of  not  less  than  four  months,  specifying  the 
grade  in  which  each  of  such  teachers  shall  have  been 
employed.  There  shall  also  be  certified  as  aforesaid 
the  number  of  pupils  who  shall  have  attended  a  public 
school  in  a  district  other  than  that  in  which  they  reside, 
and  for  whom  tuition  fees  shall  have  been  paid  by  the 
board  of  education,  specifying  the  grade  in  which  each 
of  such  pupils  shall  have  been  enrolled  during  said  year, 
and  also  the  number  of  such  pupils  for  whom  transpor- 
tation has  been  provided,  and  the  cost  thereof. 

The  said  county  superintendent  of  schools  shall,  on 
or  before  the  first  day  of  April  in  each  year,  apportion 
to  the  several  school  districts  of  said  county  the  State 
school  moneys,  and  the  interest  of  the  surplus  revenue 
in  the  following  manner: 

I.  (a)  The  sum  of  six  hundred  dollars  to  each  dis- 
trict in  which  there  shall  have  been  employed  a  super- 
vising principal  or  city  superintendent  of  schools,  who 
shall  have  devoted  his  entire  time  to  the  supervsion  of 
the  schools  in  such  district,  but  if  two  or  more  districts 


JI 


shall  have  united  in  employing  a  supervising  principal 
as  aforesaid,  the  six  hundred  dollars  apportioned  for 
such  principal  shall  be  apportioned  among  said  districts 
in  the  proportion  that  the  number  of  teachers  employed 
in  each  of  said  districts  shall  bear  to  the  total  number 
of  teachers  employed  in  all  of  the  districts  uniting  in 
employing  said  supervising  principal. 

(b)  The  sum  of  five  hundred  dollars  for  each  teacher 
employed  in  a  special  class  for  the  instruction  of  blind 
or  deaf  children  or  for  children  who  are  three  years  or 
more  below  the  normal. 

(c)  The  sum  of  four  hundred  dollars  for  each  assist- 
ant superintendent  and  supervisor,  other  than  the  super- 
vising principal,  employed  in  the  district,  and  permanent 
teacher  employed  in  a  high  school  or  high  school  de- 
partment having  a  full  four  years'  course  of  study,  who 
shall  have  been  approved  by  the  State  Board  of  Educa- 
tion. 

(d)  The  sum  of  three  hundred  dollars  for  each  per- 
manent teacher  employed  in  a  high  school  or  high  school 
department  having  a  full  three  years'  course  of  study, 
which  shall  have  been  approved  by  the  State  Board  of 
Education. 

(e)  The  sum  of  two  hundred  dollars  for  each  per- 
manent teacher  employed  in  an  ungraded  school,  or  in 
a  kindergarten,  primary  or  grammar  department  or  in 
a  high  school  department  having  a  course  of  study  of 
less  than  three  full  years,  which  course  of  study  shall 
have  been  approved  by  the  State  Board  of  Education. 

(f)  The  sum  of  eighty  dollars  for  each  temporary 
teacher  who  shall  have  been  employed  for  a  period  of 
not  less  than  four  months. 

(g)  The  sum  of  eighty  dollars  for  each  teacher  em- 
ployed in  an  evening  school  for  the  full  time  such  school 
shall   have   been   maintained;   provided,   the   board   of 
education  shall  certify  that  said  evening  school  has  been 
maintained  at  least  four  months  during  the  school  year 


Amount  for 
teacher  in 
special 
classes. 


Amount    for 
assistant 
supervisor, 
superinten- 
dent and 
teacher  in 
four-year 
high    school. 


Amount   per 
teacher  in 
three-year 
high    school. 


Amount   per 
teacher  in 
other    grades. 


Amount    for 

temporary 

teacher. 


Amount    per 
teacher  in 
evening 
schools. 


12 


Amount  per 
pupil  attend- 
ing high 
school  in 
other  dis- 
tricts. 


Amount   per 
pupil   attend- 
ing schools  in 
other    districts 
below   high 
school    grade. 


75   per  cent, 
of  cost  of 
transporta- 
tion. 
Proviso. 


Teachers     in 
manual    train- 
ing  schools 
not    included. 


preceding  that  for  which  the  apportionment  shall  be 
made;  provided,  further,  if  any  such  teacher  shall  have 
been  also  employed  in  the  day  schools  of  the  same  dis- 
trict, the  apportionment  aforesaid  shall  be  made  for 
such  teacher  in  addition  to  any  amount  apportioned  for 
him  as  teacher  in  such  day  schools. 

(h)  The  sum  of  twenty-five  dollars  for  each  pupil 
who  shall  have  attended  a  high  school  or  high  school 
department  in  a  district  other  than  that  in  which  he 
resides,  and  for  whom  a  tuition  fee  shall  be  paid  by  the 
board  of  education. 

(i)'  The  sum  of  five  dollars  for  each  pupil  who  shall 
have  attended  an  ungraded  school  or  a  kindergarten, 
primary  or  grammar  school  department,  in  a  district 
other  than  that  in  which  he  resides,  and  for  whom  a 
tuition  fee  shall  have  been  paid  by  the  board  of  educa- 
tion. 

(k)  Seventy-five  per  centum  of  the  cost  of  transpor- 
tation of  pupils  to  a  public  school  or  schools;  provided, 
that,  subject  to  appeal  as  provided  in  section  ten  of  the 
act  to  which  this  act  is  an  amendment,  the  necessity 
for  the  transportation  and  the  cost  and  method  thereof 
shall  have  been  approved  by  the  county  superintendent 
of  schools  of  the  county  in  which  the  district  paying  the 
cost  of  such  transportation  is  situate. 

In  making  such  apportionment  teachers  employed  in 
a  manual  training  school  or  department  in  a  district 
receiving  an  appropriation  from  the  State  for  such 
manual  training  school  or  department  and  who  shall 
have  devoted  at  least  one-half  of  the  time  the  schools 
in  said  district  shall  have  been  kept  open  to  school  work 
other  than  manual  training,  shall  be  regarded  as  tem- 
porary teachers  only,  but  no  apportionment  shall  be 
made  for  teachers  who  shall  have  devoted  their  entire 
time  to  teaching  in  such  manual  training  school  or  de- 
partment. 


II.  He  shall  apportion  to  the  several  school  districts  APPortion- 
of  the  county  the  remainder  of  said  moneys  on  the  basis  SSldance- 
of  the  total  days'  attendance  of  all  pupils  enrolled  in  the 
public  schools  thereof  as  ascertained  from  the  last  pub- 
lished report  of  the  Commissioner  of  Education.  For 
the  purpose  of  such  apportionment  an  attendance  upon 
an  evening  school  shall  be  counted  as  one-half  day's 
attendance.  If  a  school  in  any  district  shall,  on  account 
of  contagious  disease,  destruction  of  the  school-house 
by  fire  or  otherwise,  or  for  other  good  reason,  be  closed, 
for  the  purpose  of  this  apportionment,  such  school  shall 
be  deemed  to  have  been  in  session,  and  the  total  days' 
attendance  upon  such  school  for  the  time  it  shall  have 
been  closed  as  aforesaid  shall  be  determined  by  divid- 
ing the  actual  total  days'  attendance  of  the  pupils  en- 
rolled in  such  school  by  the  number  of  days  such  school 
shall  have  been  actually  in  session,  and  multiplying  the 
quotient  thus  obtained  by  the  number  of  school  days 
such  school  shall  have  been  closed. 

This  amends  section  205,  page  98. 

• 

185.  The  person  designated  by  law  as  the  custodian  of   Custodian  Or 
the  moneys  belonging  to  the  municipality  in  which  the   p°i^yi'gi, 
school  district  shall  be  situate,  or  the  collector,  when   Chap'  2S-- 
designated  by  such  board  of  education,  shall  be  the  cus- 
todian of  the  school  moneys  of  such  district,  and  shall 
receive  such  compensation  as  the  board  of  education  of 
such  municipality  shall  determine  which  compensation 
shall  be  paid  by  said  board  of  education  from  the  funds 
of  said  board  and  the  bonds  given  by  said  collector  or   Bonds  of 

.  custodian. 

other  person  for  the  faithful  performance  of  his  duty 
as  such  officer,  shall  be  held  to  cover  and  secure  the 
faithful  performance  of  his  duty  as  custodian  of  school 
moneys,  and  the  bondsmen  thereon  shall  be  liable  there- 
for; in  case  the  term  of  office  of  any  such  collector  or 
other  person  shall  expire  before  the  close  of  the  school 
vear,  he  shall  remain  and  continue  to  be  the  custodian 


Appointment 
«f  custodian 
T>y  board  of 
education  in 

•certain    cases. 


Report  of 
•custodian    to 

board   of 
•education. 


of  school  moneys  until  the  close  of  the  then  current 
school  year,  and  his  bondsmen  shall  remain  and  be 
legally  bound  -for  the  faithful  performance  of  his  duties 
as  such  custodian  until  the  final  settlement  of  his  ac- 
counts ;  nothing  in  this  article  shall  be  construed  as  giv- 
ing to  the  township  committee,  common  council  or  other 
governing  body  of  any  municipality  any  control  over 
moneys  belonging  to  the  school  district  in  the  hands  of 
the  custodian  of  the  school  moneys  of  said  district,  but 
said  moneys  shall  be  held  by  such  custodian  in  trust,  and 
shall  be  paid  out  by  him  only  on  orders  legally  issued  and 
signed  by  the  president  and  district  clerk  or  becretary  of 
the  board  of  education ;  any  ordinance,  by-law  or  resolu- 
tion of  a  township  committee,  common  council  or  other 
governing  body  of  any  municipality  attempting  to  con- 
trol such  moneys,  or  which  shall  in  any  way  prevent  the 
custodian  of  the  school  moneys  of  the  school  district 
from  paying  the  orders  of  the  board  of  education  as  and 
when  they  shall  be  presented  for  payment  shall  be  abso- 
lutely void  and  of  no  effect ;  whenever  any  school  district 
shall  contain  more  than  one  municipality  the  board  of 
education  may  appoint  a  suitable  person  as  custodian  of 
school  moneys  of  said  district,  and  may  fix  his  salary  and 
term  of  office.  Such  custodian  shall,  when  requested  to 
do  so  at  any  time  by  the  board,  render  to  said  board  a 
true  and  full  account  of  all  moneys  in  his  possession,  as 
such  custodian  up  to  such  time,  and  of  all  payments  made 
by  him  out  of  said  moneys  and  for  what  purpose,  and 
shall  also,  when  required  by  resolution  of  said  board, 
deposit  in  any  bank  or  banking  institution  designated  by 
said  board,  all  moneys  then  in  his  hands  or  thereafter 
collected  or  received  by  him  as  such  custodian;  he  shall 
give  bonds  for  the  faithful  discharge  of  his  duties  in  such 
amount  and  with  such  sureties  as  said  board  shall  direct, 
but  such  bonds -shall  be  for  a  sum  not  less  than  the 
amount  apportioned  to  said  district  by  the  county  super- 
intendent of  schools ;  until  the  appointment  of  a  cus- 


15 

todian  of  school  moneys  by  the  board  of  education,  the 
collector  or  other  person  residing  in  the  municipality 
situate  in  such  school  district  having  the  largest  amount 
of  taxable  property  shall  be  custodian  of  the  school 
moneys  of  such  district. 

This  amends  section  208,  page  103. 

i.  For  the  purpose  of  encouraging  the  planting  of  £rb£r  £*£ 
shade  and  forest  trees,  the  second  Friday  of  April  in  each  ( 
year  is  hereby  designated  as  a  day  for  the  general  ob- 
servance of  such  purpose,  and  to  be  known  as  Arbor 
Day. 

This  amends  section  262,  page  133. 

1.  In  every  case  of  conviction  under  the  provisions  of  pajdes  magise 
the  act  to  which  this  is  a  supplement,  when  a  fine  is  im-   ppat£;.  I9I2t 
posed,  it  shall  be  lawful  for  the  defendant  to  pay  the  said 

fine,  together  with  the  costs,  to  the  justice  of  the  peace, 
police  justice  or  city  or  town  recorder  acting  as  such, 
before  whom  such  conviction  is  had;  and  that  such  jus- 
tice of  the  peace,  police  justice  or  city  or  town  recorder 
acting  as  such,  shall  receive  the  same,  and  within  ten 
days  thereafter,  pay  the  said  fine  to  the  custodian  of  Ma&strate  to 

.  deposit  fines 

school  moneys  of  the  school  district,  where  such  offense  with  cus- 

todian   of 

was  committed,  for  the  use  of  the  public  schools  thereof.  sch°o1 

2.  The  following  fees  shall  be  allowed  for  services 
under  the  provisions  of  this  act,  which  shall  be  in  full 
of  all  other  fees  and  charges  whatsoever: 

To  the  justice  of  the  peace,  police  justice  or  city  or   Fees. 
town  recorder  acting  as  such — 

Drawing  complaint, $0.50 

Issuing  warrant,    0.50 

Hearing  or  trial,   0.50 

Conviction, 0.50 

To  officer  for  serving  process,  .... 
Serving  warrant,   .  .1 0.75 

and  mileage  at  the  rate  of  four 

cents  per  mile. 


i6 

Serving  every  subpoena, 0.25 

Serving  commitment,    0.50 


Board  of 
•education  may 
insure    school 
property  in 
city     insurance 
fund. 

P.  L.    1912, 
•Chap.    253. 


Tlates  of 

insurance. 


Investment 
of    premiums. 


1.  Where  in  any  city  of  this  State  a  municipal  in- 
surance fund  shall  have  been  or  may  hereafter  be  estab- 
lished and  insurance  fund  commissioners  appointed,  the 
board  of  education  of  the  city  school  district  of  such 
city,  in  its  discretion,  may,  by  resolution,  provide  that 
from   and   after   the  adoption  of   such   resolution   the 
school  buildings  and  school  property  of  such  school  dis- 
trict shall  be  insured  in  the  municipal  insurance  fund 
of  the  city. 

2.  The  insurance   fund  commissioners  of  such  city 
shall  have  power  to  fix  reasonable  rates  of  premium  for 
all   insurance  carried   on   school  buildings   and   school 
property  of  the  school  district  by  such  fund,  and  the 
board  O'f  education  shall  forthwith  pay  to  the  insurance 
fund  commissioners  of  the  city  such  premium  for  any 
insurance  carried  by  such  municipal  insurance  fund  on 
school  buildings  and  school  property  of  such  city  school 
district.     Whenever,  in  the  discretion  of  the  insurance 
fund  commissioners  of  such  city,  they  may  deem  it  ex- 
pedient, they  may  place  insurance  on  school  buildings 
and  school  property  insured  in  the  municipal  insurance 
fund  with  insurance  companies  authorized  to  do  business 
in  this  State,  and  the  premiums  for  such  insurance  in 
excess  of  the  rates  of  premium  thereon  fixed  by  the 
commissioners  shall  forthwith  be  paid  to  the  commis- 
sioners by  the  board  of  education  of  the  district.     The 
policies  of  insurance  shall  provide  that  the  loss  shall  be 
payable  to  the  board  of  education  of  the  school  district. 

3.  All  moneys  received  by  the  commissioners  for  pre- 
miums on  school  buildings  and  school  property  insured 
in  the  municipal  insurance  fund  of  the  city,  except  so 
much  as  may  be  necessary  to  pay  premiums  upon  insur- 
ance placed  upon  any  of  such  school  buildings  and  school 
property  with  insurance  companies  as  provided  in  sec- 


17 

tion  two  of  this  act,  shall  be  invested  by  the  commis- 
sioners with  the  moneys  of  the  municipal  insurance  fund 
and  in  the  manner  provided  for  the  investment  of  such 
moneys. 

4.  In  case  the  school  buildings  and  other  school  prop- 
erty  of  the  district  of  any  city  shall  be  insured  in  the 
municipal  insurance  fund  of  such  city,  as  hereinbefore 
provided,  the  common  council  of  such  city,  or  other 
board  or  body  having-  control  of  the  finances  of  such 
city  may,  from  time  to  time,  if  in  its  judgment  advis- 
able,   appropriate    additional    sums    of    money    to    the 
municipal  insurance  fund  of  the  city  from  moneys  under 
its  control  not  otherwise  appropriated,   or  by  raising 
such  sums  in  the  tax  levy  for  the  years  in  which  they 
are  severally  appropriated. 

5.  Each  school  building  and  the  contents  thereof  shall  d  °f 


be  insured  in  the  municipal  insurance  fund  separately  building*. 
and  for  definite  and  determined  sums  respectively,  ex- 
cept where  the  commissioners  shall  have  insured  the 
same  in  an  insurance  company  as  provided  in  section 
two  of  this  act.  In  case  of  loss  incurred  by  fire  on  any 
building  or  contents,  not  insured  in  an  insurance  com- 
pany, if  the  loss  be  total,  the  commissioners  shall  pay, 
within  sixty  days,  the  whole  sum  from  the  municipal 
insurance  fund  to  the  board  of  education  of  the  district  ; 
if  the  loss  be  partial  and  not  total,  the  sum  to  be  paid 
shall  be  fixed  and  adjusted  by  a  commission  of  adjust- 
ment, consisting  of  a  commissioner  of  the  municipal  in- 
surance fund,  the  president  of  the  board  of  education  of 
the  school  district  and  the  chairman  of  the  finance  com- 
mittee of  the  common  council  or  the  president  of  the 
board  or  body  of  such  city  having  control  of  the  finances. 


i.  Whenever  any  blind  person,  who  is  a  citizen  of 
this  State,  desires  to  attend  any  college,  university,  tech- 
nical  school  or  professional  school,  authorized  by  law  to   p.u£a  i*i 
grant  degrees,  other  than  an  institution  established  for 


i8 


Provso. 


Appropria- 
tion to  assist 
students. 


Institution    to 
be  in  this 
State. 


Payments. 


Reports. 


the  regular  instruction  of  the  blind,  shall  make  applica- 
tion for  such  purpose  to  the  Commissioner  of  Education, 
and  be  designated  by  him  as  a  fit  person  to  be  received 
and  accepted  as  a  student  in  any  of  such  institutions,  such 
applicant  shall  thereupon  be  entitled  to  have  the  aid  and 
assistance  hereinafter  provided  for;  provided,  that  such 
blind  person  shall  also  prove  to  the  satisfaction  of  said 
commissioner  that  he  is  financially  unable  to  defray  the 
expense,  or  any  part  thereof,  hereinafter  specified. 

2.  There  shall  be  paid  by  the  State  for  the  use  of  such 
student   a    sum    not   to    exceed    two    hundred    dollars 
($200.00)   per  annum,  with  which  to  defray  the  fee 
charged  by  any  such  institution,  and  also  the  further 
sum  of  three  hundred  dollars  ($300.00)  per  annum  with 
which  to  employ  a  person  or  persons  to  read  to  such 
student  from  text  books  and  pamphlets  which  shall  be 
necessary  for  such  student  to  use  in  connection  with  the 
pursuit  of  his  or  her  studies  in  the  college,  university  or 
school  where  he  or  she  shall  be  matriculated. 

3.  It  shall  be  necessary  in  every  case  for  any  such 
student  to  receive  his  or  her  tuition  from  a  college,  uni- 
versity, technical  school,  or  professional  school,  estab- 
lished and  located  within  the  State  of  New  Jersey. 

4.  Any  moneys  to  be  paid  under  the  authority  of  this 
act  shall  be  paid  quarterly,  after  the  beginning  of  the 
school  year  of  any  college,  university,  technical  or  other 
school,  where  any  blind  student  shall  be  matriculated, 
by  the  Treasurer  of  the  State,  on  the  warrant  of  the 
Comptroller  to  the  treasurer  of  any  such  college,  uni- 
versity, technical  or  other  school,  upon  his  presenting 
an  account  showing  the  actual  number  of  blind  students 
matriculated  and  attending  the  institution  of  which  he 
is  treasurer,  which  account  shall  be  verified  by  the  presi- 
dent of  any  such  institution. 

5.  It  shall  be  necessary  for  every  college,  university, 
technical  or  other  school  in  which  any  blind  student 
is    matriculated    to    furnish   to   the    Comrniissioner   of 


19 

Education  a  quarterly  report  showing  the  progress  or 
status  of  every  such  blind  student  matriculated  in  such 
college,  university,  technical  or  other  school,  and  in  the 
event  that  any  of  said  reports  shall  disclose  the  fact 
that  any  student  is  unable  to  keep  up  with  his  or  her 
studies  and  acquire  the  education  provided  for  by  any 
such  college,  university,  technical  or  other  school,  or 
that  any  of  such  students  are  not  taking  advantage  of 
the  opportunities  provided  for  him  or  her  by  the  terms 
of  this  act,  then  in  each  such  case,  if  it  shall  be  the  judg- 
ment of  the  Commissioner  of  Education  that  the  aid  and 
assistance  offered  and  provided  by  this  act  shall  be  de- 
nied and  withdrawn  from  any  such  student,  then  the 
same,  on  the  recommendation  and  certificate  of  said 
Commissioner  of  Education,  shall  be  withdrawn  from 
any  such  student  and  the  college,  university,  technical 
or  other  school  in  which  any  such  student  is  entered  or 
matriculated  shall  be  notified  by  the  State  Comptroller 
of  every  such  action. 


1.  No   school   or  institution  of  learning  conducted  of 
within  this  State  shall  hereafter  confer  any  degree  or  ^7^° 
degrees  until  the  terms  and  conditions  of  such  degree  firms  °£ly  °n 
or  degrees  shall  first  be  submitted  to  and  approved  of  state  Bolrd 
by  the  State  Board  of  Education  of  the  State  of  New  £L  £1912. 

Chap.   315. 

Jersey;  provided,  that  nothing  in  this  section  contained 
shall  apply  to  any  school  or  institution  of  learning  which 
shall  have  been  established  and  conducted  within  this 
State  for  a  period  of  twenty-five  years  prior  to  the 
passage  of  this  act. 

2.  Any  person  or  corporation  violating  any  of  the   Penalty. 
provisions  of  this  act  shall  be  liable  to  a  penalty  of  five 
hundred  dollars  for  each  offence,  to  be  recovered  in  an 
action  of  debt  by  the  State  Board  of  Education  of  the 
State  of  New  Jersey,  such  penalty  when  recovered  to 

be  paid  into  the  treasury  of  this  State. 


2O 


Public  schools 
exempt. 


Board  of 
Education 
in  city  may 
transfer    land 
to   city  in 
certain  cases 
for   park 
purposes. 
P.    L.    IQI2, 
Chap.  305. 


Land,    how 
transferred. 


Additional 

Normal 

School. 


Controlled   by 
State   Board 
of   Education. 


3.  Nothing  in  this  act  contained  shall  apply  to  any 
school  or  schools  conducted  under  the  public  school  sys- 
tem of  this  State. 

1.  Whenever  the  board  of  education  in  any  city  of 
this  State  has  acquired  lands  for  the  purpose  of  erect 
ing  a  school  building  thereon,  and  shall  determine  that 
such  lands  are  undesirable  or  unnecessary  for  such  pur- 
pose, it  shall  be  lawful  for  such  board  of  education  to 
transfer  and  convey  such  lands  to  such  city,  without 
any  consideration  being  paid  therefor,  for  use  by  such 
city  as  a  public  park  or  playground,  and  such  lands, 
when  so  transferred  and  conveyed,  shall  thereafter  be 
in  the  charge  and  under  the  control  of  the  board  or 
body  having  charge  and  control  of  the  public  parks  of 
such  city  and  may  be  improved  by  such  board  or  body. 

2.  No  transfer  or  conveyance  of  lands  shall  be  made 
until  the  board  of  education  shall  have  adopted  a  reso- 
lution declaring  the  lands  no  longer  desirable  or  neces- 
sary for  the  purpose  of  erecting  a  school  building  there- 
on and  authorizing  the  conveyance  thereof  to  the  city, 
by  deed  executed  in  the  name  and  under  the  seal  of  the, 
board  of  education,  by  the  president  and  secretary  there- 
of, and  until  the  board  or  body  having  charge  of  the 
finances  of  the  city  shall  have  adopted  a  resolution,  ap- 
proved by  the  mayor  thereof,  requesting  or  approving 
the  conveyance  of  such  lands  to  such  city. 

1.  There  shall  be  established  and  maintained  an  ad- 
ditional State  Normal  School  for  the  purpose  of  train- 
ing and  educating  persons  in  the  science  of  education 
and  art  of  teaching;  the  name  and  title  of  said  school 
shall  be  "The  New  Jersey  State  Normal  School  at  (here 
insert  the  name  of  the  place  where  said  school  shall  be 
located)";  tuition  in  said  school  shall  be  free. 

2.  The  State  Board  of  Education  shall  have  control 
and  care  of  said  school  in  the  same  manner  and  to  the 


counties- 


21 

same  extent  as  said  board  has  control  and  care  of  "The 
New  Jersey  State  Normal  Schools." 

3.  The  State  Board  of  Education  shall  purchase  a   ^  J°asbse  in 
suitably  located  site  in  one  of  the  counties  of  the  first 

class  not  having  a  normjal  training  school  and  shall 
rect  thereon  a  building  or  buildings  for  the  use  of  said 
normal  school. 

4.  The  erection  and  furnishing  of  said  building  or 
buildings  shall  be  done  by  contract  or  otherwise,  as  the 
said  board  shall  deem  for  the  best  interests  of  the  State  ; 
said  board  may  employ  architects,  superintendents  and 
mechanics,  advertise  for  proposals,  make  a  contract  or 
contracts  for  the  whole  or  any  part  of  said  work,  and 
incur  all  necessary  expenses  to  carry  out  the  provisions 
of  this  act. 

5.  For  the  purchase  of  said  site,  and  the  erection  and 
furnishing  of  said  building  or  buildings,  the  sum  of 
three  hundred  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  ;  said  sum  shall 
be  paid  by  the  State  Treasurer  on  the  warrant  of  the 
Comptroller  of  the  Treasury,  upon  the  requisitions  of 
Jhe  State  Board  of  Education,  in  such  sums  as  said 
board  may  need  from  time  to  time  for  the  prosecution 

of  the  work  herein  provided  for;  provided,  that  no  ex-  Proviso. 
pense  shall  be  incurred  or  moneys  expended  as  author- 
ized by  this  act,  nor  shall  said  appropriation  become 
available,  until  an  appropriation  therefor  shall  have  been 
made  by  the  Legislature  in  the  annual  appropriation  act. 

6.  The  said  board  shall  make  to  the  Legislature  at  its   Report. 
next  session,  and  at  each  succeeding  session,  until  said 
building  or  buildings  shall  be  completed,  a  full  and  de- 
tailed report  of  its  proceedings  and  expenditures  under 

this  act. 

Appointment 
of  members 

i.  All  appointments  of  members  of  boards  of  educa-  education5 

.    .  ,.  .  «     .    tt  under  Chap. 

tion  made  under  the  provisions  of  an  act  entitled    An  233.  P.  L. 

IQII,  vah- 

aCt  to  amend  an  act  entitled  'An  act  to  establish  a  thor-  dated.  ^^ 

Chap.  272. 


22 

ough  and  efficient  system  of  free  public  schools  and  to 
provide  for  the  maintenance,  support  and  management 
thereof/  approved  October  nineteenth,  one  thousand 
nine  hundred  and  three,"  approved  April  twenty-sev- 
enth, one  thousand  nine  hundred  and  eleven,  are  hereby 
validated  and  confirmed. 


A 


254101 


